Hardback
European Family Law Volume II
The Changing Concept of ‘Family’ and Challenges for Domestic Family Law
9781785363023 Edward Elgar Publishing
This four-volume set maps the emerging European family law. It is intended to serve as a resource for anyone interested in this area of law, as well as a basis for teaching on comparative and international family law courses.
The first volume examines the impact of institutions and organisations on European family law. While there is no European body that could actually legislate definitively on family law, there are some institutions that have a direct impact on European family law, while the impact of others is more indirect. In the second volume the changing concept of ‘family’ and challenges for domestic family law are analysed in 21 different jurisdictions, in 16 chapters. All contributions look at ‘horizontal’ family law (the law concerning the relationships between adults), ‘vertical’ family law (the law concerning the relationships of adults and children) as well an ‘individual’ family law (the law on names and gender identity). In the third volume the contributions take a comparative view on specific issues from a European perspective. The fourth volume, which works as a stand-alone monograph, draws on all of the previous chapters, and discusses the present and future of European family law. It establishes areas where ‘institutional’ European family law exists – in the sense that there are binding legal rules for all European jurisdictions – for example, as a result of a decision by the European Court of Human Rights. It also identifies areas where, as a result of common legal and social developments for ‘horizontal’, ‘vertical’ and ‘individual’ family law, an ‘organic’ European family law is emerging and suggests how family laws in Europe are going to develop in the future.
The first volume examines the impact of institutions and organisations on European family law. While there is no European body that could actually legislate definitively on family law, there are some institutions that have a direct impact on European family law, while the impact of others is more indirect. In the second volume the changing concept of ‘family’ and challenges for domestic family law are analysed in 21 different jurisdictions, in 16 chapters. All contributions look at ‘horizontal’ family law (the law concerning the relationships between adults), ‘vertical’ family law (the law concerning the relationships of adults and children) as well an ‘individual’ family law (the law on names and gender identity). In the third volume the contributions take a comparative view on specific issues from a European perspective. The fourth volume, which works as a stand-alone monograph, draws on all of the previous chapters, and discusses the present and future of European family law. It establishes areas where ‘institutional’ European family law exists – in the sense that there are binding legal rules for all European jurisdictions – for example, as a result of a decision by the European Court of Human Rights. It also identifies areas where, as a result of common legal and social developments for ‘horizontal’, ‘vertical’ and ‘individual’ family law, an ‘organic’ European family law is emerging and suggests how family laws in Europe are going to develop in the future.
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Critical Acclaim
Contributors
Contents
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The Changing Concept of ‘Family’ and Challenges for Domestic Family Law explores the changing concept of ‘family’, with the current social, political, medical and scientific challenges for domestic family law discussed in over 20 European jurisdictions. National reports describe the current law and legal development for ‘horizontal’ (the law of relationships between adults such as marriage, divorce, cohabitation, same-sex relationships), ‘vertical’ (the law governing the relationships between adults and children, such as parentage including artificial reproductive techniques and surrogacy, parental responsibility and adoption) and ‘individual’ (the law of names and recognition of gender identity) family law. They show that, while considerable legal and societal diversity still exists within Europe, family law, in many areas, is developing along similar lines, with a convergence towards 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 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.
Critical Acclaim
‘The four volumes that make up this monumental project represent the insight and experience of many fine family law scholars. The volumes examine themes, individual countries, and distinct pan-European institutions and developments. Jens Scherpe’s tour de force is to pull all this together in the final remarkable volume. For a non-European like me, it is fascinating to read about harmonisation and diversity, privacy and rights, pluralism and protection. This is a truly wonderful achievement.’
– Bill Atkin, Victoria University of Wellington, New Zealand
‘This collection is remarkable for its organisation and presentation of a mass of complex material (including recommendations for further reading) which will not only inform, but stimulate those interested in the development of family law in a multi-national context. It must form an essential part of any library covering modern family law. In providing this, the editor and the team of contributors have done a great service. The frameworks (the EU, the Council of Europe) are complicated and in some respects unique and generate their own problems, and attempts to solve them. Questions about their nature and future, including the place of European family law in the global community, lurk in the shadows.’
– The International Journal of Law, Policy and the Family
– Bill Atkin, Victoria University of Wellington, New Zealand
‘This collection is remarkable for its organisation and presentation of a mass of complex material (including recommendations for further reading) which will not only inform, but stimulate those interested in the development of family law in a multi-national context. It must form an essential part of any library covering modern family law. In providing this, the editor and the team of contributors have done a great service. The frameworks (the EU, the Council of Europe) are complicated and in some respects unique and generate their own problems, and attempts to solve them. Questions about their nature and future, including the place of European family law in the global community, lurk in the shadows.’
– The International Journal of Law, Policy and the Family
Contributors
Contributors: G. Douglas, L. Francoz Terminal, T. Keller, O. Khazova, G. Kubičková, A. Lamarca Marquès, D. Martiny, K. McK. Norrie, B. Novak, E. Örücü, J.M. Scherpe, I. Schwenzer, B. Sloan, T. Sverdrup, F. Swennen, O. Szeibert, M.G.C. Wiedemann, E. Zervogianni,
Contents
Contents:
European Family Law – Introduction to the Book Set
Jens M. Scherpe
Introduction to European Family Law Volume II: The Changing Concept of ‘Family’ and Challenges for Domestic Family Law
Jens M. Scherpe
1. The Changing Concept of ‘Family’ and Challenges for Family Law in the Benelux Countries
Frederik Swennen
2. The Changing Concept of ‘Family’ and Challenges for Family Law in England and Wales
Gillian Douglas
3. The Changing Concept of ‘Family’ and Challenges for Family Law in France
Laurence Francoz Terminal
4. The Changing Concept of ‘Family’ and Challenges for Family Law in Germany
Dieter Martiny
5. The Changing Concept of ‘Family’ and Challenges for Family Law in Greece
Eleni Zervogianni
6. The Changing Concept of ‘Family’ and Challenges for Family Law in Hungary
Orsolya Szeibert
7. The Changing Concept of ‘Family’ and Challenges for Family Law in Ireland
Brian Sloan
8. The Changing Concept of ‘Family’ and Challenges for Family Law in Italy
Maria Giovanna Cubeddu Wiedemann
9. The Changing Concept of ‘Family’ and Challenges for Family Law in the Nordic Countries
Tone Sverdrup
10. The Changing Concept of ‘Family’ and Challenges for Family Law in Russia
Olga Khazova
11. The Changing Concept of ‘Family’ and Challenges for Family Law in Scotland
Kenneth McK. Norrie
12. The Changing Concept of ‘Family’ and Challenges for Family Law in the Slovak Republic
Gabriela Kubícková
13. The Changing Concept of ‘Family’ and Challenges for Family Law in Slovenia
Barbara Novak
14. The Changing Concept of ‘Family’ and Challenges for Family Law in Spain and Catalonia
Albert Lamarca Marquès
15. The Changing Concept of ‘Family’ and Challenges for Family Law in Switzerland
Ingeborg Schwenzer and Tomie Keller
16. The Changing Concept of ‘Family’ and Challenges for Family Law in Turkey
Esin Orücü
Index
European Family Law – Introduction to the Book Set
Jens M. Scherpe
Introduction to European Family Law Volume II: The Changing Concept of ‘Family’ and Challenges for Domestic Family Law
Jens M. Scherpe
1. The Changing Concept of ‘Family’ and Challenges for Family Law in the Benelux Countries
Frederik Swennen
2. The Changing Concept of ‘Family’ and Challenges for Family Law in England and Wales
Gillian Douglas
3. The Changing Concept of ‘Family’ and Challenges for Family Law in France
Laurence Francoz Terminal
4. The Changing Concept of ‘Family’ and Challenges for Family Law in Germany
Dieter Martiny
5. The Changing Concept of ‘Family’ and Challenges for Family Law in Greece
Eleni Zervogianni
6. The Changing Concept of ‘Family’ and Challenges for Family Law in Hungary
Orsolya Szeibert
7. The Changing Concept of ‘Family’ and Challenges for Family Law in Ireland
Brian Sloan
8. The Changing Concept of ‘Family’ and Challenges for Family Law in Italy
Maria Giovanna Cubeddu Wiedemann
9. The Changing Concept of ‘Family’ and Challenges for Family Law in the Nordic Countries
Tone Sverdrup
10. The Changing Concept of ‘Family’ and Challenges for Family Law in Russia
Olga Khazova
11. The Changing Concept of ‘Family’ and Challenges for Family Law in Scotland
Kenneth McK. Norrie
12. The Changing Concept of ‘Family’ and Challenges for Family Law in the Slovak Republic
Gabriela Kubícková
13. The Changing Concept of ‘Family’ and Challenges for Family Law in Slovenia
Barbara Novak
14. The Changing Concept of ‘Family’ and Challenges for Family Law in Spain and Catalonia
Albert Lamarca Marquès
15. The Changing Concept of ‘Family’ and Challenges for Family Law in Switzerland
Ingeborg Schwenzer and Tomie Keller
16. The Changing Concept of ‘Family’ and Challenges for Family Law in Turkey
Esin Orücü
Index
