EFL series

For more information about the EFL Series click here to be redirected to the Intersentia website.

 

44. The Future of Registered Partnerships
J.M. Scherpe and A. Hayward (eds.)

In many jurisdictions registered partnerships were introduced either as a functional equivalent to marriage for same-sex couples or as an alternative to marriage open to all couples. But now that marriage is opened up to same-sex couples in an increasing number of jurisdictions, is there a role and a need for another form of formalised adult relationship besides marriage?

In this book, leading family law experts from 15 European and non-European countries explore the history and function of registered partnership in their own jurisdictions. Further chapters look at the impact of the European Convention on Human Rights and European Union Law on the regulation of registered partnerships. In the concluding chapters the different approaches are analysed and compared.

This book provides the foundation for an informed discussion not only on changes to the implementation of registered partnership schemes, but also more generally for reviewing the law concerning the recognition of adult relationships.

ISBN 978-1-78068-429-1 | 594 pages | In print. To order this book click here.

 

43. Nacheheliche Verantwortung in Frankreich und Deutschland
K. Kaesling

Der nacheheliche Unterhaltsanspruch ist Spiegel der Rollenverteilung während der Ehe. Vor dem Hintergrund veränderter gesellschaftlicher Verhältnisse entwickelt die Verfasserin Vorschläge für eine zeitgemäße Grenzziehung zwischen nachehelicher Eigen- und Mitverantwortung. Grundlage ist ein detaillierter Rechtsvergleich der französischen Ausgleichsleistung prestation compensatoire und des deutschen Geschiedenenunterhalts unter Berücksichtigung relevanter Bezüge zum Scheidungs- und Verfahrensrecht sowie gesellschaftlicher und familienpolitischer Rahmenbedingungen. Trotz der unterschiedlichen Ausgestaltung nachehelichen Unterhalts in den beiden Rechtsordnungen enthüllt die Verfasserin grundlegende gemeinsame Wertentscheidungen und zeigt internationale Perspektiven auf.

ISBN 978-1-78068-460-4 | 452 pages | In print. To order this book click here.

 

42. Same-Sex Relationships and Beyond 
K. Boele-Woelki and A. Fuchs (eds.) 

The legal status of lesbian, gay, bisexual and transgender (LGBT) people has undergone significant changes in several countries, but remains highly complex and difficult for those affected. Although same-sex partners may have the right to marry or enter into a registered partnership in one Member State, this legal relationship may not be recognised when they exercise their right to freedom of movement. The same is true for certain parent-child relationships, which may be recognised as such in one Member State but not another.

This book explores the challenges and controversies concerning the recognition of same-sex relationships throughout the EU through the lens of EU legislation, the case law of the CJEU and ECtHR, and recent national developments. Following the Irish referendum and the recent ECtHR judgment in Oliari v Italy, more changes are expected in the near future.

The opening part of the book describes the current state of play in all EU Member States (and beyond) when formalising a same-sex relationship, ‘steady progress’ being the key term in describing the developments in many countries (with the exception of six Eastern European states that object to legislation in this field). The second part concentrates on parenthood and children’s rights, notably adoption, surrogacy, multiple parenting and the range of parenting rights for same-sex couples, transsexual and transgender people. The third part on gender identity and human rights discusses the legal aftermath of the European Court of Human Rights’ judgment in Oliari, condemning Italy for failing to protect homosexuals’ right to family life. Furthermore, it explains EU legislation against discrimination on grounds of sexual orientation and the challenges lesbian, gay, bisexual and transgender applicants are confronted with when reaching Europe as refugees. The book ends with a lively debate on the right to change one’s legal sex and raises the fundamental question whether we still need sex as a legal category.

ISBN 978-1-78068-447-5 | 250 pages | In print. To order this book click here.

 

41. The Child’s Interests in Conflict 
M. Jänterä-Jareborg (ed.)  

The Child’s Interests in Conflict addresses one of the most pressing issues of any multicultural society, namely the conflicting demands on children from minority groups or children born to parents of different cultural or faith backgrounds. What the family considers to be in the child’s best interests and welfare in the court decisions studied is not shared by society at large. Each guided by faith, culture and tradition, society views the child to be exposed to a significant harm or risk of harm if certain traditions are followed, whereas in contrast the parents believe that their child is harmed or in harm’s way if that tradition is not respected.
Focusing on Europe, the contributions in this book, all written by internationally leading experts and with a interdisciplinary element, address situations of conflict regarding the child’s upbringing and education in general, the shaping of the child’s cultural or faith-based identity, underage marriages, circumcision of boys, the role of faith and culture in society’s placements of children outside the care of their family, and the role of faith in cross-border child abduction and disputes over parental responsibilities. Attention is paid to the case law of the European Court of Human Rights and to less well-known national case law, as well as to recent national legislation, all of which show not only the complexity of the issues discussed but also the differing ways multicultural challenges are dealt with.

The authors strive to answer, inter alia, how legal systems should navigate between the competing claims and conflicting interests without forgetting the main person to be protected, namely the child; and how the scope of tolerance, recognition and autonomy should be defined.

ISBN 978-1-78068-346-1 | 230 pages | In print. To order this book click here.

 

40. Family Forms and Parenthood
Andrea Büchler   

The European Convention on Human Rights has always had a significant influence on the development of family law in the different European national jurisdictions. However, at a time where family forms have been subject to a profound transformation characterised by the coexistence of a variety of family forms and where, at the same time, national family laws are converging, it is essential to properly understand the ECHR’s influence on national family law. This book explains and analyses in depth the theory and practice of Article 8 ECHR with respect to family forms and parenthood. It examines how judgments of the ECtHR are received and implemented in a variety of Contracting States (Austria, Croatia, England and Wales, Germany, Greece, Hungary, the Netherlands, Poland, Spain, Sweden, and Switzerland) and how the judgments contribute to the shaping of domestic and European family law. Family Forms and Parenthood concludes with a detailed reflection on the relationship between the case law of the ECtHR and developments in national family law and jurisprudence.

ISBN 978-1-78068-340-9 | 574 pages | In print. To order this book click here.

 

39. Divided Parents, Shared Children
Natalie Nikolina   

There has been much discussion worldwide on parenting after parental separation, especially on the desirability for the children involved of equally shared care (co-parenting) and the feasibility of legal arrangements in which the children alternate their residence between their parents’ houses (residential co-parenting). Much is unclear about how residential co-parenting affects children and therefore how the legislator and practitioners should deal with this arrangement.

Divided Parents, Shared Children seeks to answer three questions to further understand the phenomenon of co-parenting and to provide the legislator, the courts and parents with possible solutions: What kind of legal framework exists in England and Wales, the Netherlands and Belgium with regard to (residential) co-parenting and what can these countries learn from each other’s legal systems? Does residential co-parenting occur in the countries discussed, and if so how predominant is it? Should these jurisdictions encourage or discourage residential co-parenting through legal action?

To answer these questions, this book uses not only legal data, from both empirical and literature research, but also sociological, psychological and demographic studies into residential arrangements and their effect on children.

ISBN 978-1-78068-341-6 | 232 pages | In print. To order this book click here.

 

38. European Family Law in Action. Volume V – Informal Relationships
K. Boele-Woelki, C. Mol & E. van Gelder (eds.)  

This volume contains detailed information on the law on ‘informal relationships’ in 28 European jurisdictions. An informal relationship refers to a relationship that is not formalised as a marriage or as a registered partnership/civil union between a couple. The expert members of the CEFL have drafted national reports on the basis of a detailed questionnaire. This book integrates all the responses in order to provide an overview and a straightforward simultaneous comparison of the different solutions chosen within national systems. On the basis of this reliable and comprehensive comparative material the CEFL will be able to draft Principles of European Family Law on Informal Relationships.

ISBN 978-1-78068-323-2 | 1170 pages | In print. To order this book click here.

 

37. Nordic Cohabitation Law
J. Asland, M. Brattström, G. Lind, I. Lund-Andersen, A. Singer & T. Sverdrup 

This book describes and analyses the different legal approaches and policy discussion regarding cohabitation in the Nordic countries (Iceland, Denmark, Norway, Sweden and Finland). It looks at historical developments, general private law principles, division of property on separation or death of one cohabitant, inheritance, and the regulations concerning children born to cohabitants. It concludes by proposing principles for the regulation of the financial circumstances of cohabitants.

ISBN 978-1-78068-324-9 | 276 pages | In print. To order this book click here.

 

36. Children’s Rights in Intercountry Adoption: A European Perspective
C. Fenton-Glynn

European jurisdictions play a central role in intercountry adoption, both as countries of origin for children being placed, and as receiving countries. The question that this book aims to answer is very simple: how can we best protect the rights of these children? Using the United Nations Convention on the Rights of the Child and the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption as the foundation for analysis, this book provides an examination of the application of children’s rights in the field of intercountry adoption. It uses European jurisdictions as examples of both good and bad practice in order to illustrate the issues that arise in the practical implementation of these principles. In doing so, the book proposes normative guidelines within which intercountry adoption can be effected in a manner that protects the rights of children in Europe.

This book argues that children involved in intercountry adoption should be afforded the same safeguards, the same protection, as children in domestic placements, in a system that focuses on the welfare of the child as the paramount consideration.

ISBN 978-1-78068-228-0 | 254 pages | In print. To order this book click here.

 

35. Family Law and Culture in Europe: Developments, Challenges and Opportunities
K. Boele-Woelki, N. Dethloff & W. Gephart (eds.)

This volume contains the contributions delivered at CEFL’s fifth international conference. It focuses on comparative and international family law in Europe in their respective cultural contexts. The interventions address the new Principles of European Family Law regarding Property Relations between Spouses, the proposed EU private international law regulations for spouses and registered partners for international couples and their property relations, the laws of a growing number of countries which legislate non-formalized relationships and the new developments regarding social, biological and legal parentage.

ISBN 978-1-78068-159-7 | 350 pages | In print. To order this book click here.

 

34. Der nacheheliche Unterhalt
P. Beuermann (ed.)

Die Grundlagen des nachehelichen Unterhalts stellen sowohl dogmatisch als auch rechtspolitisch ein Kernproblem des Familienrechts dar und haben zugleich erhebliche Bedeutung für die Auslegung und praktische Anwendung des Unterhaltsrechts. Angesichts der Bedeutung dieser Fragen überrascht es nicht, dass sie in Deutschland immer wieder neu gestellt und diskutiert worden sind. Weitaus weniger Aufmerksamkeit gefunden hat in Deutschland bisher die europäische Diskussion, insbesondere die Vorschläge der Commission on European Family Law (CEFL) für die Ausgestaltung des nachehelichen Unterhalts. Diese Lücke schliesst die vorliegende Arbeit.

ISBN 978-17-8068-170-2 | 400 pages | In print. To order this book click here.

 

33. Principles of European Family Law Regarding Property Relations Between Spouses
K. Boele-Woelki, F. Ferrand, C. González-Beilfuss, M. Jänterä-Jareborg, N. Lowe, D. Martini & W. Pintens

The Principles of European Family Law drafted by the Commission on European Family Law (CEFL) contain models which may be used for the harmonization of family law in Europe. This book contains the Principles regarding Property Relations between Spouses. In these Principles, the CEFL has developed an all-inclusive set of rules for two matrimonial property regimes: the participiation in acquisitions and the community of acquistions. Both regimes have been put on an equal footing. Each matrimonial property regime, whether it functions as a default or as an optional regime is strongly connected with the rights and duties of the spouses and the possibility for them to make a marital property agreement. These issues have also been addressed by including two common Chapters on the General Rights and Duties of Spouses and on Marital Property Agreements which are to be applied regardless of which of the regimes applies.

ISBN 978-1-78068-152-8 | 420 pages | In print. To order this book click here.

 

32. Legal Recognition of Same-Sex Relationships in Europe: National, cross-border and European perspectives
K. Boele-Woelki & A. Fuchs (eds.)

In the last twenty years the legal recognition of same-sex relationships in Europe has undergone significant changes, both on a national and European level. By now, more than half of the Member States of the European Union have introduced legislation on the formalisation of same-sex relationships; most of them have provided for registered partnerships and some allow homosexual couples to enter into marriage. This book provides the reader with an updated overview of registration schemes and same-sex marriages in Europe. It also comments on the legal aspects of same-sex couples and their children, including surrogate motherhood, in different European jurisdictions and addresses cross-border and European issues.

ISBN 978-1-78068-045-3 | 312 pages | In print. To order this book click here.

 

31. Reconstructing Marriage: The Legal Status of Relationships in a Changing Society
C. Sörgjerd

In Reconstructing Marriage – The Legal Status of Relationships in a Changing Society Caroline Sörgjerd explores the essence of the institution of marriage: what is the meaning of marriage today, how has marriage been influenced by the legal recognition of new cohabitation models and what should be the role of the institution of marriage in the future?

In order to understand what marriage actually is in the twenty-first century it is necessary to identify and analyze the formalities and function of marriage in society. With a focus on Sweden, the author examines the historical development of marriage – beginning as a ‘gift from God’ and now being a gender-neutral institution – from a legal and political perspective and taking into account the past and present role of the Church of Sweden. The author then makes comparative assessments concerning the legal and political developments leading toward the adoption of gender-neutral marriage concepts in the Netherlands and Spain despite different societal backgrounds.
In addition, the significance of the marital status under European Union law is explored, under the Charter of Fundamental Rights of the European Union and in the jurisprudence of the European Court of Justice. Also the relevant decisions based on the European Convention of Human Rights, as interpreted by the European Court of Human Rights, are examined. The author discovers that the key role that the institution of marriage has played in the past still influences the essence of marriage today and charges it with a special symbolic value.

About this book
‘[C]arefully and successfully comparing several European jurisdictions and analyzing the pre-marriage and post-marriage phase and focusing on the gender-issue. […] Reconstructing Marriage encourages discussion of the current law of formalized relationships in a contemporary society. It belongs into the law library of family law experts and policy makers alike. It is the leading study on marriage law.’
Dr. Katharina Boele-Woelki, Professor of Private International Law, Comparative Law and Family Law at Utrecht University

ISBN 978-1-78068-037-8  | 360 pages | In print. To order this book click here.

 

30. The Place of Religion in Family Law: A Comparative Search
J. Mair & E. Örücü (eds.)

To what extent does family law accommodate, deny, support or reflect the existence of religion and religious belief in a range of jurisdictions and throughout various family and social situations? This collection of comparative essays brings together reflections on a range of religions, including Islam, Judaism and Roman Catholicism. With insights, both historical and contemporary, from Ireland, Israel, Malta, Sweden, Russia, Turkey and the UK, it seeks to discover the place which religion has or might have within family law.

ISBN 978-1-78068-015-6 | 386 pages | In print. To order this book click here.

 

29. The Future of Family Property in Europe
K. Boele-Woelki, J. Miles & J. Scherpe (eds.)

This book covers five areas of family property law in Europe:

  • Matrimonial Property Law in Europe,
  • Family Contracts – Issues of Autonomy,
  • Protection of Older People in Law,
  • Freedom of Testation and Protection of Family Members, and
  • Unification of Private International Law.
All of these issues are highly relevant as Europe is at a key stage in its development, with all societies experiencing broadly similar demographic trends and facing the social and legal policy challenges that accompany them. The increase in international mobility and multi-jurisdiction couples poses both increased pressure to provide private international law solutions, and prompts calls for substantive harmonisation. The high divorce rate in many jurisdictions means that matrimonial property and maintenance issues affect more families. Other social changes, such as increased maternal labour market attachment, invite reconsideration of the basis for financial relief between spouses on divorce. All jurisdictions are also experiencing growth in cohabitation and extra-marital births. In short, family structures are becoming more complex. This raises questions concerning the division of property both on separation and on death, where the appropriate priority amongst the diverse range of surviving family members needs to be resolved. Moreover, as fertility rates decline and populations age, increasing numbers of older people require costly personal and medical care, prompting a new set of questions for law and society to resolve.

These issues are discussed throughout the book, together addressing the broad question: what might be the future of family property law in Europe?

This book contains the papers presented at the fourth conference of the Commission for European Family Law, which took place in Cambridge, UK in April 2010.

ISBN 978-9-40000-054-4   | 434 pages | In print. To order this book click here.

 

28. La justice des mineurs en Europe
Y. Favier & F. Ferrand (eds.)

La justice des mineurs, comme droit et procédure spécifiques existe-t-elle encore en Europe ?Dans le contexte de profondes mutations du droit des mineurs et de la création en France, d’un code de justice pénale des mineurs on peut s’interroger sur l’avenir de la justice des mineurs en tant qu’objet d’étude spécifique mais aussi en tant qu’objet tout court : que recouvre-t-elle ? Quel est l’intérêt de maintenir juridictions et juges spécialisés ? Comment délimiter ou distinguer leur champ de compétence ? Comment convient-il d’articuler l’action judiciaire avec les interventions extra judiciaires, administratives ou associatives notamment dans le domaine de la protection de l’enfance? Quelle place accorder aux « experts » de l’enfance (psychologues, médecins, travailleurs sociaux…) et à l’enfant lui-même, dans la justice des mineurs ? Les juridictions des mineurs doivent-elle encore être spécialisées c’est-à-dire différenciées des juridictions des majeurs et dans quels domaines (civil et pénal)?En France, une commission présidée par M. Varinard, contributeur de cet ouvrage, a proposé à la fin de l’année 2008 « 70 propositions pour adapter la justice pénale des mineurs » dans un rapport remis au Garde des Sceaux qui devrait servir de base à la création d’un code de justice des mineurs. En Europe, des réformes similaires ont été menées, avec des postulats et des résultats très variés: le présent ouvrage est l’occasion d’en débattre en laissant une large place aux apports étrangers.

ISBN 978-94-0000-106-0  | 182 pages | In print. To order this book click here.

 

27. Juxtaposing Legal Systems and the Principles of European Family Law on Parental Responsibilities
J. Mair & E. Örücü (eds.)

After more than two centuries since the introduction of the Code Napoléon and of relative quiet in both the theory and practice of succession law, it seems now that a period of increasing tension, especially concerning the imperative inheritance law, has commenced. Closer observation of this phenomenon shows a similar development in the broader field of private law since the middle of the nineteenth century: the new social fabric, characteristic of a more industrial type of society, no longer fitted the closed system of private law. In this context, the system of private law faced not only a growing lack of legitimacy, but also a conceptual deficit. The current Napoleonic system, due to its closed self-referential character, has seemed incapable of establishing the conceptual refinements required from within, refinements that are able to address and to respond adequately to new social and economic realities. Nor does it seem to be able to justify the necessary balance of interests and value-orientations. Succession law, after all, affects the foundations and continuity of the social fabric. Consequently, it is sensitive to changes which occur in the weaving of that fabric and which apply, for example, to the relative dominance of consanguinity, solidarity, morals and decency. When such serious processes of change are at issue, they can only be understood accurately in their specific nature by analyzing them in a comparative way with alternative situations and their respective alternative legal attributions.

This volume in the EFL Series aims at enabling a larger and more contextualised view on succession law, by studying the issue of imperative inheritance law from five different perspectives: legal anthropology, legal history, sociology of law, law and economics, and comparative law. All perspectives are introduced by eminent scholars. Thus, this book contributes to developing a new understanding and better insights into succession law.

ISBN 978-9-05095-979-7  | 316 pages | In print. To order this book click here.

 

26. Imperative Inheritance Law in a Late-Modern Society
C. Castelein, R. Foqué & A. Verbeke (eds.)

The Commission on European Family Law published its “Principles of European Family Law Regarding Parental Responsibilities” in 2007 as a contribution towards the establishment of a European Family Law. Only by empirical testing of the Principles in a number of legal systems can one demonstrate whether they are acceptable and/or are regarded as an improvement on existing national laws. This edited volume seeks to test the Principles in a range of legal systems, some untested: Malta, Estonia, Romania, Scotland and Turkey; some already considered by the CEFL: Denmark and England; and in so doing to assess these legal systems in view of the Principles, and the Principles in view of these legal systems. The final part of the volume is a comparative assessment of the findings, considering the Principles as harmonious ideals, and analysing the shortfalls in these ideals.

ISBN 978-9-05095-952-0  | 224 pages | In print. To order this book click here.

 

25. Foundational Facts, Relative Truths

R. Blauwhoff

This book deals with the rights of persons, both children and adults, who feel a strong wish to find out who their biological parents are. Although most people know who their parents are, a minority does not. The identification of biological parents may become important in a wide variety of situations, which run the gamut from adoption to sperm donor anonymity and ‘misattributed paternity’. Individual searches across such situations may be motivated by a variety of legal, emotional and medical reasons or a combination of various motives. Thanks to both bio-medical developments and an increased emphasis on identity rights in international human rights treaties, a broad consensus that a fundamental ‘right to know one’s origins’ exists, can now be attested. Nonetheless, legal solutions, especially outside the adoption context, have so far largely remained piecemeal and attention has been drawn primarily to the informational needs of adopted children. As such, manifold legal questions remain as regards the appropriate age for disclosure of information to children, the use of compulsion in DNA testing, not to mention the right’s strength in relation to conflicting rights, including the parent’s privacy.

In exploring this wide range of legal issues, a thorough comparative study of the relevant law across a number of jurisdictions found on the European continent has now for the first time been made available in English. Foundational Facts, Relative Truths does not only provide an in-depth overview of the most recent legal developments in France, Germany, the Netherlands and Portugal, but also includes references to some interesting legal solutions found in other jurisdictions. In addition, this study renders similarities and differences visible between the approach of the United Nations Children’s Rights Convention and the ever expanding case law of the European Court on Human Rights visible. In providing insight into the relevant interpretive tools that will hold interest to both legal scholars and legislative jurists alike, this book proposes a set of legal principles that guide the assessment of the current strength of the right to know one’s genetic origins. Moving beyond a comprehensive legal theory of the right to know one’s origins, this book aims to explore the concrete possibilities for a more effective regulation. In this way Foundational Facts, Relative Truths casts a fresh light on the boundaries of state regulation while looking critically at the role parents have in making genetic information available and accessible to children. Though essentially a legal study, this book will accordingly also appeal to those who seek greater certainty concerning their own genetic descent.

ISBN 978-9-05095-913-1 | 462 pages | In print. To order this book click here.

 

24. European Family Law in Action. Volume IV – Property Relations between Spouses
K. Boele-Woelki, B. Braat & I. Curry-Sumner (eds.)
This volume contains detailed information concerning the law on property relations between spouses (matrimonial property law) in twenty-six European jurisdictions. The expert members of the CEFL have drafted national reports on the basis of a detailed questionnaire. These national reports, together with the relevant legal provisions, are available on CEFL’s website (www.ceflonline.net). This book integrates all the given answers in order to provide an overview and a straightforward simultaneous comparison of the different solutions chosen within the national systems. On the basis of this reliable and comprehensive comparative material the CEFL will be able to draft Principles of European Family Law regarding Property Relations between Spouses.

ISBN 978-9-05095-893-6 | 1,242 pages | In print. To order this book click here.

 

23. Debates in Family Law around the Globe at the Dawn of the 21st Century
K. Boele-Woelki (ed.)
This volume contains articles on three issues that at the dawn of the 21st century have provoked passionate discussion. Legislative measures are taken, judicial decisions vary also within a jurisdiction, and arguments in legal literature are exchanged. The topics concern:

(1) (Compulsory) arrangements regarding children

(2) Registration schemes for same-sex couples: new jurisdictions

(3) The effectiveness of the pater est rule

The contributions are preceded by two introductory articles. The historical introduction addresses the ‘cultural constraints argument’ which according to a few legal scholars prevents both spontaneous and deliberate harmonization of family law. Is family law indeed embedded in unique national (legal) culture? What lessons can be learnt from the past? The methodological introduction proffers some general ideas as to how comparative family law is perceived and what it should entail whereby a comparison is made between more recent developments in Europe and the United States of America.

ISBN 978-9-05095-875-2 | 416 pages | In print. To order this book click here.


22. Joint Parental Authority
C. Jeppesen-de Boer

This book provides a comparative legal study of the concept and content of joint parental authority after divorce and the breakup of a relationship in Dutch and Danish law. In addition, the Principles regarding Parental Responsibilities which have been drafted by the Commission on European Family Law are taken into account. The knowledge provided by this study may serve various purposes. Firstly, it contributes to the ongoing debate concerning the convergence of family law in Europe and the related discussions concerning the desirability and feasibility of its harmonisation. Secondly, it provides inspiration for national debates concerning the construction and content of joint parental authority and contact. Finally, it offers a micro-comparative study of the family law systems of Denmark and The Netherlands, which to date has never been the subject of a direct comparison.

ISBN 978-90-5095-800-4 | 342 pages | In print. To order this book click here.

 

21. La capacité de l’enfant dans les droits français, anglais et écossais
L. Francoz-Terminal

L’étude de la capacité de l’enfant dans les droits français, anglais et écossais met en lumière trois approches différentes de la minorité. Les spécificités de chaque système en la matière, principalement tirées de leur évolution historique et juridique respectives, ne doivent pas occulter les similitudes qui existent dans l’approche juridique de la condition du mineur. Les systèmes étudiés font tous de la protection de l’enfant leur priorité, et si le droit accorde au mineur certaines parcelles de capacité c’est toujours avec l’idée que celle- ci est à son avantage. L’étude entreprise met en relief l’idée force que la capacité octroyée au mineur ne saurait l’être au détriment de la protection de sa personne, et dans une moindre mesure de celle de son patrimoine. Les trois systèmes étudiés font du mécanisme de représentation, ou plus exactement de celui de l’action pour le compte de l’enfant, la pierre angulaire du régime de la minorité. Ce mécanisme est celui qui permet l’accès du mineur au droit tant pour la réalisation d’actes juridiques ordinaires que pour la défense de ses intérêts en justice. Cependant, dans aucun des trois systèmes ce mécanisme, qui consacre l’effacement de la personne de l’enfant, n’a vocation à régir de manière absolue et dans son intégralité la période d’âge qui va de la naissance à la majorité. Les trois systèmes reconnaissent tous trois à l’enfant durant sa minorité, dans certaines circonstances, une capacité pleine et entière. Enfin, ils organisent chacun à sa manière une période tampon d’apprentissage de la capacité.

ISBN 978-90-5095-775-5 | 557 pages | In print. To order this book click here.

 

20. Children and their Parents
M.J. Vonk

This is a book about children and their parents. There are many different kinds of children and at least about as many different kinds of parents. In addition to the many different disciplines that study children and their parents, such as sociology, psychology, child studies and gender studies, to name but a few, this study concerns a legal question with regard to the parent-child relationship, namely how the law assigns parents to children. This subject is approached in a comparative legal perspective and covers England and The Netherlands. The book contains a detailed comparison and analysis of the manner in which the law in the two jurisdictions assigns the status of legal parent and/or attributes parental responsibility to the child’s biological and intentional parents. The concept ‘procreational responsibility’, which is introduced in the concluding chapter of the book, may be used as a tool to assess and reform existing regulations on legal parent-child relationships.
The structure of the book, which is based on a categorisation of different family types in a ‘family tree’, enables the reader to have easy access to family-specific information.

ISBN 978-90-5095-732-8 | 304 pages | In print. To order this book click here.

 

19. European Challenges in Contemporary Family Law
K. Boele-Woelki & T. Svedrup (ed.)

This book contains the contributions to the third CEFL conference which took place in Oslo in June 2007. The general topic European Challenges in Contemporary Family Law has been divided into five themes:

  • The Harmonisation of Family Law
  • Children and Their Parents
  • Irregular Marriages and the Influence of Multiculturalism
  • (Property) Relations between Spouses and Cohabitants
  • Cross-Border Family Relationships.

These issues are, in different ways, related to the remarkable change in family life that has taken place in Europe in the last three or four decades. Hardly any other field of law has experienced such profound and deep social and demographic changes as family law in this short period of time: an explosion in the divorce rates and extramarital cohabitation and the resulting increase in the number of children born out of wedlock; women joining the paid work force en masse, influencing, among other things, parental roles and property relations among partners; and – more recently – the growing social acceptance of same-sex relationships and new techniques of artificial insemination are just a few important features of this development. We are in the middle of a “silent revolution” in family life in Europe. And while these transformations take place, we experience a vast cross-border movement of people – both within Europe, and in the form of migration from other continents.

ISBN 978-90-5095-692-5 | 424 pages | In print. To order this book click here.

 

18. Convergence and Divergence of Family Law in Europe
M. Antokolskaia (ed.)

This volume contains the written versions of presentations given at the international conference “Convergence and Divergence of Family Law in Europe”, organised in Amsterdam in September 2006. The main objective of this conference was to instigate an in-depth discussion regarding various facets of the convergence/divergence discord. Another objective was to give scholars the opportunity to present their respective views in the ongoing debate surrounding convergence, divergence and deliberate harmonisation activities in the field of family law.
In the first part of this book the historical and theoretical issues of the convergence/divergence debate and the controversy surrounding the “cultural constraints” argument are discussed. The second part gives a picture of the contemporary role of convergence/divergence tendencies on a regional level in various parts of Europe. It starts with an overview of the recent trends in the renowned “Nordic co-operation” in the approximation of family laws, which is generally considered to be the most successful example of regional harmonisation of family laws in Europe. The next article deals with convergence/divergence tendencies in the development of the family law of the Spanish autonomous communities. The following two contributions offer a summary of the convergence and divergence trends in Eastern Europe against the background of such sweeping events as the fall of the Soviet Union, the disintegration of the Eastern block and the accession of a majority of the Central European countries to the EU. The third part of this volume deals with the convergence and divergence tendencies in the following particular fields of family law: marriage, divorce, same-sex relationships, establishment of parenthood and matrimonial property law.

ISBN 978-90-5095-690-1 | 282 pages | In print. To order this book click here.

 

17. Juxtaposing Legal Systems and the Principles of European Family Law: Divorce and Maintenance
E. Örücü & J. Mair

The Commission on European Family Law published its “Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses” in 2004 as a contribution towards the establishment of a European Family Law. Only by empirical testing of the Principles in a number of legal systems can one demonstrate whether they are acceptable and/or are regarded as an improvement on existing national laws. This edited volume seeks to test the Principles in a range of legal systems, some already considered by the CEFL: France, Scandinavia, England, Scotland; some untested: Malta, Estonia, Lithuania and Turkey; and in so doing to assess these legal systems in view of the Principles, and the Principles in view of these legal systems. The final part of the volume is a comparative assessment of the findings, looking at the Principles first as harmonious ideals, and then as shortfalls in these ideals and at the obstacles to harmonisation.

ISBN 978-90-5095-577-5 | 270 pages | In print. To order this book click here.

 

16. Principles of European Family Law Regarding Parental Responsibilities
K. Boele-Woelki, F. Ferrand, C. González Beilfuss, M. Jänterä-Jareborg, N. Lowe, D. Martiny & W. Pintens

The Principles of European Family Law which are drafted by the CEFL are aimed at contributing to the harmonisation of family law in Europe. They may thus be used as a frame of reference. The first set of Principles in the field of Divorce and Maintenance Between Former Spouses was launched in 2004. This book contains the Principles Regarding Parental Responsibilities. In these Principles, the CEFL has developed a comprehensive and original set of rules in the field of parental responsibilities based on respect for the rights of the child, non-discrimination and, as far as possible, self-determination. In their provisions on specific issues the Principles opt for solutions which seem to be workable and shall avoid unnecessary hardship and disputes.

ISBN 90-5095-645-9 | 332 pages | In print. To order this book click here.

 

15. Tensions between legal, biological and social conceptions of parentage
I. Schwenzer (ed.)

This book comprises the contributions made to a session on Tensions between legal, biological and social conceptions of parentage, discussing the major developments in the law of parents and children, at the XVIIth Congress of the International Academy of Comparative Law, 1622 July 2006, Utrecht, the Netherlands. It consists of the General Report as well as 15 National Reports from Austria, Belgium, Canada, China/Macau, Croatia, Denmark, England, Germany, Greece, Japan, the Netherlands, Romania, Serbia, Switzerland, and the USA, all by leading family law scholars in their respective countries.

ISBN 90-5095-646-7 | 392 pages | In print. To order this book click here.

 

14. Brussels II bis. Its Impact and Application in the Member States
K. Boele-Woelki & C. González Beilfuss (eds.)

The Brussels II bis Regulation which contains uniform rules for jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility became effective as of 1st March 2005 for 24 Member States of the European Union. This book addresses the impact and application of the new rules in the form of national reports. The authors provide answers to questions such as: What is the impact of the Regulation on national private international law on the one side, and on substantive law, on the other? Does the Regulation mean that changes have to be made in the national systems? Are there any difficulties as regards the consistency of the private international law system? In how far does the Regulation match the substantive law both as regards divorce and parental responsibility? Are there any difficulties as regards the implementation of the Regulation in the national systems? Have any implementing measures been taken?

A comparative synthesis of the impact and application of the Brussels II bis Regulation within the European Union and a general introduction into the Europeanisation of private international law in family matters complement the book. As a result it contains the latest update of international family law in Europe.

ISBN 90-5095-644-4 | 322 pages | In print. To order this book click here.

 

13. Harmonisation of Family Law in Europe – A Historical Perspective
M. Antokolskaia

This book provides an overview of the developments in family law in Europe during the last two millennia. It aims to examine the so-called ‘cultural constraints argument’, which suggests that family law is unsuitable for harmonisation because the family laws of the European countries are deeply imbedded in their unique national cultures and history. It follows the path of the greatest-ever harmonisation event in European legal history: the creation of the medieval canon family law, and shows how, under the impact of pan-European economic, cultural and ideological trends, medieval uniformity turned into present-day diversity. Everywhere in Europe the evolution of family law generally followed the same pattern – from a traditional restrictive family law, built upon communitarian, transpersonal premises, to a more permissive family law, based upon modern personalistic ideology – yet national differences seem not to be disappearing. It appears, however, that this has little to do with the embedment of family law in unique national cultures and history. It is the differences in the balance of political power between the proponents and the opponents of the ongoing modernisation of family law that make the various countries respond to the pan-European challenges in dissimilar ways.

ISBN 90-5095-576-2 | 566 pages | In print. To order this book click here.

 

12. Model Family Code. From a Global Perspective
I. Schwenzer & M. Dimsey

In extensive areas of private law, namely in the law of obligations, endeavours to comprehensively harmonize and unify different legal systems were already commenced in the second half of the twentieth century. However, family law has only followed suit in very recent times. This Model Family Code aims at contributing to future discussion on the harmonization, and hopefully even unification of family law. The Model Family Code has attempted to address all aspects of Partnerships and of Parents and Children, which constitute the core areas of any family law. It is elaborated from a global, rather than a European perspective. In many cases, it was explicitly inspired by solutions offered under Canadian, Australian, and New Zealand legal systems. Furthermore, it goes beyond the common core of the solutions found in domestic laws in search of the best solution, and removes all discrepancies existing in these laws due to somewhat patchwork development, thereby creating a wholly autonomous and consistent system of family law based on modern solutions. The Model Family Code offers a mere framework for discussion, a skeleton that enables different family policies and realities, as well as cultural systems and values, to be incorporated. It expressly seeks to utilise new terminology, thereby consciously departing from the myriad of national legal terms, which are burdened with historical connotations in the respective countries.

ISBN 90-5095-590-8 | 256 pages | In print. To order this book click here.

 

11. All’s well that ends registered? The substantive and private international law aspects of non-marital registered relationships in Europe
I. Curry-Sumner

Since 1989, Europe has witnessed an exponential increase in the number of so-called “registered partnership” schemes introduced alongside marriage. The diversity of registration schemes introduced has created numerous problems in cases involving an international or cross-border element. This book focuses on these new registration schemes and is divided into two main parts. The first part is dedicated to the analysis and comparison of the substantive law rules of Belgium, France, The Netherlands, Switzerland and the United Kingdom (England & Wales, Scotland and Northern Ireland). On the basis of this comparison, it is concluded that although these registration schemes appear to be dissimilar, they all fulfil a common function. This conclusion serves as the starting point for the second part, which examines the private international law rules applicable to such relationships. Unification of these rules is deemed to be not only desirable, but also feasible.

ISBN 90-5095-532-0 | 599 pages | In print. To order this book click here.

 

10. Common Core and Better Law in European Family Law
K. Boele-Woelki (ed.)

This volume contains twenty-three contributions delivered at the CEFLs second international conference which took place in Utrecht in December 2004. The interventions written by both experienced family experts as well as young researchers cover those fields of family law that are closely related to the activities of the CEFL: (1) divorce and maintenance between former spouses, (2) parental responsibilities, (3) informal long-term relationships and (4) the revised Brussels II Regulation. Furthermore, the opening two contributions deal not only with essential aspects of the harmonisation process of family law in Europe but also with the CEFLs working method.

ISBN 90-5095-475-8 | 372 pages | In print. To order this book click here.

 

9. European Family Law in Action. Volume III: Parental Responsibilities
K. Boele-Woelki, B. Braat & I. Curry-Sumner (eds.)

This volume contains detailed information concerning the law on parental responsibilities in twenty-two European jurisdictions. The expert members of the CEFL have drafted national reports on the basis of a detailed questionnaire. These national reports, together with the relevant legal provisions, are available on CEFL’s web site (www.law.uu.nl/priv/cefl). This book integrates all the given answers in order to provide an overview and a straightforward simultaneous comparison of the different solutions chosen within the national systems. On the basis of this reliable and comprehensive comparative material the CEFL will be able to draft Principles of European Family Law regarding Parental Responsibilities. ISBN 90-5095-443-X | 840 pages | In print. To order this book click here.

 

8. Inheritance Law Legislation of the Netherlands
I. Sumner & H. Warendorf

The 1st January 2003 saw the introduction of a new inheritance law in the Netherlands. The publisher and the translators hope that this book will find its way into the hands of the large number of non-Dutch speaking persons in and also outside the Netherlands whose life is affected by the law, which until now was not readily accessible. This work, thanks to the translation of the rules of private international law in the field of inheritance law, also provides lawyers, civil servants and consular officers with insight into the applicable rules in international cases. The Europeanisation of civil law necessitates that the ultramodern Dutch inheritance law is readily accessible. This work will give scholars and professional practitioners not able to speak Dutch an opportunity to take cognizance of this important field of law. It is hoped that it will further contribute to the development of an international legal discourse on the development of inheritance law in other jurisdictions, whilst allowing the comparison with the law as in force in the Netherlands on the 1st January 2005. ISBN 90-5095-444-8 | 108 pages | €28.00 (€23.80 series subscription price). To order this book click here.

 

7. Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses
K. Boele-Woelki, F. Ferrand, C. González Beilfuss, M. Jänterä-Jareborg, N. Lowe, D. Martiny & W. Pintens

Three years after its establishment the CEFL presents its first Principles of European Family Law in the field of divorce and maintenance between former spouses. The Principles aim to bestow the most suitable means for the harmonisation of family laws in Europe. In this respect they may serve as a frame of reference for national, European and international legislatures alike. The Principles could considerably facilitate their task not only by virtue of the fact that the CEFL’s in-depth and comprehensive comparative research is easily accesible but also because most of the rules have been drafted in a way legislatures normally consider to be appropriate.

ISBN 90-5095-426-x | 170 pages | €30.00 (€25.50 series subscription price). To order this book click here.

 

6. Indépendance et interdépendance des époux dans le régime matrimonial légal des droits français, néerlandais et suisse
B. Braat

Ce livre sattache à comparer le régime matrimonial légal des droits néerlandais (actuel et celui envisagé par le projet de loi), français et suisse ainsi que certaines règles du régime matrimonial primaire. Il se donne pour but de dégager non seulement un éventuel common core des trois législations étudiées mais également, notamment si celui-ci fait défaut, de déterminer la solution législative préférable. Les convergences et les divergences constatées sont ainsi soumises à une évaluation au moyen du critère du meilleur équilibre possible entre indépendance et interdépendance des époux. Par cette recherche, lauteur espère fournir quelques inspirations pour ce qui, à lavenir, pourrait constituer un régime matrimonial conventionnel européen.

ISBN 37-2722-164-x | 400 pages | €69.70 (€59.25 series subscription price). To order this book click here.

 

5. Family Law Legislation of the Netherlands
I. Sumner & H. Warendorf

With the Netherlands being the first country in the world to open civil marriage to same-sex couples, there has never been a better time to publish the first ever complete English translation of Dutch family law. This book gives the reader, academic and professional practitioner alike, an opportunity to take cognizance of this important field of law. Both the publisher and the translators hope that this book will find its way into the hands of the large number of non-Dutch speaking persons living in the Netherlands whose life is affected by the law, which until now was not readily accessible. This work, thanks to the translation of the rules of Private International Law in the field of family law, also provides lawyers, civil servants and consular officers with insight into the applicable rules in international cases. It is hoped that this work will also further contribute to the development of an international legal discourse on the develop-ment of family law in other jurisdictions, whilst allowing the comparison with the law as in force in the Netherlands on the 1st October 2003.

ISBN 90-5095-340-9 | 260 pages | €48.00 (€40.80 series subscription price). To order this book click here.

 

4. Perspectives for the Unification and Harmonisation of Family Law in Europe
K. Boele-Woelki (ed.)

For the first time in European history, a truly international conference devoted to the perspectives for the unification and harmonisation of family law in Europe took place in Utrecht from 11th – 14th December 2002. The contributions to this conference, which was organised under the auspices of the Commission on European Family Law (CEFL), are compiled in this book. Is the unification and harmonisation of (international) family law in Europe necessary? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.

ISBN 90-5095-287-9| 573 pages | €92.00 (€78.20 series subscription price). To order this book click here.

 

3. European Family Law in Action – Volume II: Maintenance Between Former Spouses
K. Boele-Woelki, B. Braat & I. Sumner (eds.)

This volume contains detailed information concerning the grounds for divorce in twenty-two European legal systems. The expert members of the Commission on European Family Law prepared comprehnesive national reports on the basis of a detailed questionnaire on the grounds for divorce (EFL-series No. 2) and the maintenanace between former spouses. In addition to these national reports (which are also available on this website), this book integrates all the given answers in order to provide an overview and a straightforward simultaenous comparison of the different solutions chosen within the national systems. On the basis of this comparative material the CEFL will formulate Principles of European Family Law.

ISBN 90-5095-296-8 | 466 pages | €75.00 (€63.75 series subscription price). To order this book click here.

 

2. European Family Law in Action – Volume I: Grounds for Divorce
K. Boele-Woelki, B. Braat & I. Sumner (eds.)

This volume contains detailed information concerning the grounds for divorce in twenty-two European legal systems. The expert members of the Commission on European Family Law prepared comprehnesive national reports on the basis of a detailed questionnaire on the grounds for divorce and the maintenanace between former spouses (EFL-series No. 3). In addition to these national reports (which are also available on this website), this book integrates all the given answers in order to provide an overview and a straightforward simultaenous comparison of the different solutions chosen within the national systems. On the basis of this comparative material the CEFL will formulate Principles of European Family Law.

ISBN 90-5095-295-x | 466 pages | €75.00 (€63.75 series subscription price). To order this book click here.

 

1. Legal Recognition of Same-Sex Couples in Europe
Edited by K. Boele-Woelki & A. Fuchs (eds.)

The legal recognition of same-sex couples in Europe has undergone changes over the last few years. Following the Scandinavian model, many European countries have adopted statutes on registered partnerships or are currently debating draft legislation. The differences are bigger than one would expect at first sight. This book provides detailed information about the current state of affairs. The latest adopted statutes and draft legislation are included.

ISBN 90-5095-297-6 | 324 pages | €64.50 (€54.80 series subscription price). To order this book click here.