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Plurality and Diversity of Family Relations in Europe [Minkštas viršelis]

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  • Formatas: Paperback / softback, 388 pages, aukštis x plotis: 240x160 mm, weight: 645 g
  • Serija: European Family Law 45
  • Išleidimo metai: 29-Aug-2019
  • Leidėjas: Intersentia Ltd
  • ISBN-10: 1780688172
  • ISBN-13: 9781780688176
Kitos knygos pagal šią temą:
Plurality and Diversity of Family Relations in EuropeDidesnis paveikslėlis
  • Formatas: Paperback / softback, 388 pages, aukštis x plotis: 240x160 mm, weight: 645 g
  • Serija: European Family Law 45
  • Išleidimo metai: 29-Aug-2019
  • Leidėjas: Intersentia Ltd
  • ISBN-10: 1780688172
  • ISBN-13: 9781780688176
Kitos knygos pagal šią temą:
Pastovi nuoroda: https://www.kriso.lt/db/9781780688176.html
Raktažodžiai:
This volume contains the contributions delivered at CEFL's sixth international conference, which focused on comparative and international family law in Europe in their respective cultural contexts. Inter alia in this book CEFL experts and other legal scholars address the CEFL and its Principles, the interrelation of family law and family sociology, family migration, childrens and womens fundamental rights, as well as the developing concept of parenthood, the role of children in family proceedings, extra-judicial divorces and ADR in family matters.While the development of modern trends in European family law is going on, some new challenges arise and old challenges remain. The awareness of more plurality and diversity in family relationships is increasing. Both pose problems. New legal solutions have to be integrated into the existing family law system. On the other hand, there are tensions between modern fundamental values and traditional religious solutions. For both a deeper analysis is necessary.The conference, and in turn the book, aims to enhance the exchange of ideas and arguments on comparative and international family law in Europe.
List of Contributors
xi
PART I THE CEFL AND ITS PRINCIPLES
The Commission on European Family Law: Taking Stock after Almost 20 Years
3(14)
Katharina Boele-Woelki
1 Introduction
3(1)
2 Organisation, Composition and Meetings
4(1)
3 Working Method
5(1)
4 Results
6(2)
5 European Family Law Series
8(1)
6 Conferences
8(3)
7 Finances
11(1)
8 Impact
12(3)
9 The Sixth Conference and the Present Volume
15(1)
10 What is Next?
16(1)
The Principles of European Family Law Regarding the Property, Maintenance and Succession Rights of Couples in De Facto Unions: A First Glimpse
17(30)
Katharina Boele-Woelki
Cristina Gonzalez Beilfuss
Nigel Lowe
Dieter Martiny
1 Introduction
18(1)
2 The General Approach
18(1)
3 Definitions and the Scope of Application
19(2)
4 General Rights and Duties
21(2)
5 Agreements
23(2)
6 Property and Debts
25(3)
7 Separation, Family Home and Maintenance
28(8)
8 Death
36(6)
9 Disputes
42(2)
10 Outlook
44(3)
PART II FAMILY MIGRATION, CHILDREN'S AND WOMEN'S RIGHTS
Respecting Children's Dignity under Private International and Migration Law
47(12)
Hans van Loon
1 Introduction
47(2)
2 Jurisdictional Issues
49(3)
3 Recognition and Determination of Personal Status
52(3)
4 The Placement of Children from Third Countries
55(2)
5 Conclusion
57(2)
Empowering Women in Family Relations
59(30)
Maarit Jantera-Jareborg
1 Introduction
60(4)
2 The UN `Women's Rights Convention' (CEDAW)
64(4)
3 The CEFL Principles as Tools for Empowerment
68(3)
4 Cross-Cultural Challenges
71(11)
5 Cross-Border Challenges
82(5)
6 Encouraging Agreements
87(2)
The Paradox of Rights Through the Lens of Muslim Women's Rights in Family Law
89(14)
Shaheen Sardar Ali
1 Introduction
89(1)
2 Setting the Context of the Rights Discourse in Muslim Communities
90(3)
3 Applying Corrective, Protective and Non-Discriminatory Categories to Women's Rights
93(5)
4 Haqq and Ad'l as an Interpretative Tool for Non-Discrimination and Muslim Women's Equal Rights
98(5)
PART III THE DEVELOPING CONCEPTS OF PARENTHOOD
The Concept of Parenthood in the Case Law of the European Court of Human Rights
103(16)
Dafni Lima
1 Introduction
103(2)
2 The European Court of Human Rights as a Forum
105(3)
3 Parenthood as Practice: Delineating Parenthood in the European Court of Human Rights' Case Law
108(7)
4 Conclusion
115(4)
Family Frontiers: The Definition of Parenthood in Brazil and in Portugal
119(24)
Marianna Chaves
1 Introduction
119(2)
2 Kinship
121(1)
3 Adoption
122(1)
4 Affinity
123(2)
5 Who can be a Mother and a Father? Is Parenthood a Function?
125(1)
6 Affection as a Legal Value
126(2)
7 Socio-Affective Kinship?
128(1)
8 Possessing the Status of a Child and the Termination of Socio-Affective Parenthood
128(3)
9 Multiple Parenthood
131(9)
10 Conclusion
140(3)
Donor Conception: From Anonymity to Openness
143(32)
Elodie Decorte
1 Introduction
144(1)
2 Medically Assisted Reproduction
145(1)
3 The International Protection of Children's Right to Know their Genetic Origins
145(4)
4 The Protection of the Right to Know One's Genetic Origins in National Laws: Different Approaches
149(22)
5 Conclusion
171(4)
PART IV THE ROLE OF THE CHILD IN FAMILY PROCEEDINGS
Balancing the Rights of Parent and Child in Case of Non-Compliance with Contact Arrangements: A Case Law Analysis
175(28)
Eva Vertommen
1 Introduction
176(3)
2 Brief Analysis of the Rights at Issue
179(5)
3 Case Law Analysis
184(15)
4 Conclusion
199(4)
The Public Law Aspects of the Brussels IIbis Regulation Through an Irish Lens
203(22)
Maria Corbett
1 Introduction
203(2)
2 Hague Conventions
205(1)
3 Children's Rights
206(1)
4 Public Law Aspects of Brussels IIbis
207(1)
5 Brussels IIbis: Ireland and Brexit
208(2)
6 Article 15 (Transfer to a Court Better Placed to Hear the Case)
210(10)
7 Article 56 (Placement of a Child in Another Member State)
220(3)
8 Conclusion
223(2)
The Right of the Child to be Heard in Parental Responsibility Proceedings
225(12)
Jesica Delgado Saez
1 Introduction
225(2)
2 What is the Right of the Child to be Heard? Why is it Important?
227(2)
3 What is the Appropriate Age for the Minor to Exercise His or Her Right to be Heard?
229(1)
4 In which Proceedings should the Child be Heard?
230(4)
5 What Conditions should be Met for the Child to Exercise His or Her Right to be Heard According to the Applicable Standards?
234(2)
6 Conclusion
236(1)
Maturity and the Child's Right to be Heard in Family Law Proceedings: Article 12 UNCRC and Case Law of the ECtHR Compared
237(20)
Charlotte Mol
1 Introduction
237(1)
2 Maturity Requirements in Article 12 UNCRC and Case Law of the ECtHR
238(12)
3 Comparison
250(4)
4 Conclusion
254(3)
PART V EXTRA-JUDICIAL DIVORCES AND ADR IN FAMILY MATTERS
The Recognition of Religious Private Divorces in Europe: From Conflict of Laws to Conflict of Cultures?
257(28)
Katharina Kaesling
1 The Application of Religious Law as a Consequence of Private International Law
257(3)
2 Private Divorces in Europe
260(2)
3 Islamic Divorce Law and Gender Equality
262(2)
4 Conflict of Laws and Cultural Identity
264(3)
5 Legal Cultures and Gender Equality
267(1)
6 Protection of Cultural Identity in Private International Divorce Laws
268(14)
7 Law and Policy Perspectives
282(3)
Extra-Judicial Muslim Divorces and Family Mediation in the Nordic Countries: What Role is there for the Welfare State?
285(28)
Sanna Mustasaari
1 Introduction
285(3)
2 Research Background
288(2)
3 Muslim Divorces and Muslims in the Nordic Countries
290(8)
4 Islamic Divorce Amongst Muslims in the Nordic Countries
298(6)
5 Family Mediation in Finland in the Secular and Religious Realm: Developing Practices on Both Sides
304(6)
6 Conclusion: What Role is there for the Welfare State?
310(3)
Family Law Arbitration: A Comparative Analysis of German and English Law and Practice
313(28)
Saskia Zellerhoff
1 Introduction
314(3)
2 Family Law Arbitration in Germany
317(9)
3 Family Law Arbitration in England and Wales
326(11)
4 Comparative Thoughts
337(2)
5 Conclusion
339(2)
Mandatory Mediation from a European and Comparative Law Perspective
341(32)
Celine Jaspers
1 Introduction
341(1)
2 What is Mandatory Mediation?
342(2)
3 Mandatory Mediation in Europe: A Match Made in Heaven?
344(2)
4 A Look Across Belgian Borders: What can We Learn from Other Systems?
346(17)
5 Mandatory Mediation Provisions in Belgium
363(3)
6 Conclusion
366(7)
PART VI INTERDISCIPLINARY RESEARCH INTO FAMILY RELATIONS
Family Sociology and Family Law: What can the One Learn from the Other?
373
Dimitri Mortelmans
1 Introduction
373(2)
2 Two Projects in One
375(2)
3 One Project in Two PhDs
377(4)
4 Challenges?
381(2)
5 Conclusion: What can We Learn from One Another?
383
Dieter Martiny is emeritus Professor at Europa-Universitt Viadrina in Frankfurt/Oder.Dieter Martiny studied law in Heidelberg, Freiburg, Hamburg and Munich from 1963 to 1968. He passed the first and the second State Exam in Munich. After his PhD (1975) and habilitation (1995) at the Ludwig-Maximilians-Universitt Munich, he was a senior research fellow at the Max Planck Institute for foreign and international private law in Hamburg from 1974-1996. Besides that, he was a professor in Hamburg and Osnabrck.Since 2009, he is a guest professor at the Max Planck Institute for foreign and international private law in Hamburg.