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This book covers five areas of family property law in Europe: Matrimonial Property Law in Europe, Family Contracts û Issues of Autonomy, Protection of Older People in Law, Freedom of Testation and Protection of Family Members, and the Unification of Private International Law. These issues are discussed throughout the book, together addressing the broad question: what might be the future of family property law in Europe?
Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.
An original theory asserts that this distinctive form of kinship system developed in the northern Mediterranean around the fourth century A.D., and that its subsequent growth can be attributed to the efforts of the early Christian Church to acquire property formerly held by domestic groups.
The Impact of Institutions and Organisations on European Family Law looks at the impact that institutions and organisations have had, and continue to have, on European family law. In many ways the chapters in this volume provide the easiest explanation for the existence of a European family law. While there is no European body that could actually legislate definitively on family law – even the European Union has no such mandate – there are still some obvious institutions that have a very direct impact on European family law. These can be divided into two groups; namely those that have a direct impact, such as the European Court of Human Rights and the European Union, and those that have an indirect impact, such as the Commission on European Family Law (CEFL), the Council of Europe and the International Commission on Civil Status (ICCL/CIEC) as well as the private international law instruments of the Hague Conference (HCCH) and the EU. Together, with religion, all of these institutions are contributing to the creation of a European family law. This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.
This report explores likely future changes in family and household structures in OECD countries; identifies the main forces shaping the family landscape to 2030; discusses the longer-term challenges; and suggests policy options for managing the challenges.
Wellbeing of Families in Future Europe: Challenges for Research and Policy - FAMILYPLATFORM - Families in Europe Vol. 1
In this highly original work, renowned family and contract law expert Brian H. Bix explores the increasing legal recognition of private ordering in American family law. Today, individuals can alter the terms of a marriage and divorce through agreements, and courts sometimes allow individuals to create, waive, and alter parental rights by way of surrogacy, open adoption, and co-parenting agreements, among other mechanisms. But when is such private ordering beneficial to all, and when should it be regulated or prohibited? Families by Agreement explores these questions in accessible detail to provide an important resource for those who litigate in these areas and for those who want to be thoughtful participants in these moral and policy debates.
Proceedings of the fifth conference of the Commission on European Family Law on "Family Law and Culture in Europe: Developments, Challenges and Opportunities" held in Bonn, Germany in August of 2013.
All countries aim to improve housing conditions for their citizens but many have been forced by the financial crisis to reduce government expenditure. Social housing is at the crux of this tension. Policy-makers, practitioners and academics want to know how other systems work and are looking for something written in clear English, where there is a depth of understanding of the literature in other languages and direct contributions from country experts across the continent. Social Housing in Europe combines a comparative overview of European social housing written by scholars with in-depth chapters written by international housing experts. The countries covered include Austria, Denmark, England, France, Germany, Hungary, Ireland, The Netherlands and Sweden, with a further chapter devoted to CEE countries other than Hungary. The book provides an up-to-date international comparison of social housing policy and practice. It offers an analysis of how the social housing system currently works in each country, supported by relevant statistics. It identifies European trends in the sector, and opportunities for innovation and improvement. These country-specific chapters are accompanied by topical thematic chapters dealing with subjects such as the role of social housing in urban regeneration, the privatisation of social housing, financing models, and the impact of European Union state aid regulations on the definitions and financing of social housing.
The current rich volume of the "Yearbook of Private International Law" includes a special section on actual issues on conflict of laws and jurisdictions in the United States. Another special section is devoted to the revision of the Brussels I Regulation, in particular after the recent proposal by the European Commission. National reports and court decisions complete the book. Recent highlights include: the new Chinese Statute on Private International Law the Rome III Regulation on the Law Applicable to Separation and Divorce the recent CJUE decisions on jurisdiction in contractual disputes, in particular in the case of e-commerce the law applicable to the actio pauliana national reports from Egypt, Iran, Israel and Norway