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European Family Law

Edited by Jens M. Scherpe, University Senior Lecturer, University of Cambridge and Fellow of Gonville and Caius College, Cambridge, UK
This definitive work, published in four volumes, maps the emerging European family law.

The chapters draw on a wide range of topics, such as: marriage, divorce, cohabitation, same-sex relationships, the financial consequence of divorce, adoption, parentage and surrogacy, parental responsibility, the child’s welfare, and law concerning older people. Through its stimulating comparative analysis and comprehensive coverage of the topic, this set of books is intended to serve as a major resource for all scholars, practitioners and students interested in family law.

Volume I: The Impact of Institutions and Organisations on European Family Law
Volume II: The Changing Concept of ‘Family’ and Challenges for Domestic Family Law
Volume III: Family Law in a European Perspective
Volume IV: The Present and Future of European Family Law
Four volume set
Extent: 1,408 pp
Hardback Price: $599.95 Web: $539.96
Publication Date: 2016
ISBN: 978 1 78536 298 9
Availability: In Stock
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  • Law - Academic
  • Comparative Law
  • European Law
  • Family Law
This definitive work, published in four volumes, maps the emerging European family law.

The chapters draw on a wide range of topics, such as: marriage, divorce, cohabitation, same-sex relationships, the financial consequence of divorce, adoption, parentage and surrogacy, parental responsibility, the child’s welfare, and law concerning older people. Through its stimulating comparative analysis and comprehensive coverage of the topic, this set of books is intended to serve as a major resource for all scholars, practitioners and students interested in family law.

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 is also 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 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

‘The prestigious publisher Edward Elgar has managed to pull off a noteworthy coup with this prestigious publication by publishing the four-volume set under the umbrella title European Family Law comprising three edited books by Scherpe on well-defined sub-disciplines of family law and one monograph by Scherpe himself. . . This set of books 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 to family law practitioners.’
– Tydskrif vir die Suid-Afrikaanse Reg (TSAR)

‘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

‘Each volume proceeds in a logical manner and will serve as a useful source of reference both in relation to substantive areas of family law and the approaches of different jurisdictions. More than this, it raises important questions about future legal developments in this rapidly evolving area while also providing an invaluable and extensively referenced resource for students and researchers alike.’
– European Law Review

‘This superbly crafted collection provides a valuable insight into European family law which should prove useful and accessible to politicians and law makers, academics and legal practitioners and a worthy addition to the family law bookshelf.’
– International Family Law Journal

Volume I

Contents:

European Family Law – Introduction to the Book Set
Jens M. Scherpe

Introduction to European Family Law Volume 1: The Impact of Institutions and Organisations on European Family Law
Jens M. Scherpe

1. The Impact of the European Union and the European Court of Justice on European Family Law
Geert De Baere and Kathleen Gutman

2. The Impact of the European Convention on Human Rights and the European Court of Human Rights on European Family Law
Dagmar Coester-Waltjen

3. The Impact of the Council of Europe on European Family Law
Nigel Lowe

4. The Impact of the International Commission on Civil Status (ICCS) on European Family Law
Walter Pintens

5. The Impact of the Hague Conventions on European Family Law
Hannah Baker and Maja Groff

6. The Impact of the Commission on European Family Law (CEFL) on European Family Law
Katharina Boele-Woelki

7. The Impact of the EU Private International Law Instruments on European Family Law
Dieter Martiny

8. The Impact of Religion on European Family Law
Jane Mair

Index



Volume II

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



Volume III

Contents:

European Family Law – Introduction to the Book Set
Jens M. Scherpe

Introduction to European Family Law Volume III: Family Law in a European Perspective
Jens M. Scherpe

1. Marriage in a European Perspective
Caroline Sörgjerd

2. Divorce Law in a European Perspective
Masha Antokolskaia

3. Unmarried Cohabitation in a European Perspective
Joanna Miles

4. Same-sex Relationships in a European Perspective
Ian Curry-Sumner

5. The Financial Consequences of Divorce in a European Perspective
Jens M. Scherpe

6. The Child’s Welfare in a European Perspective
Rob George

7. Parentage and Surrogacy in a European Perspective
Katarina Trimmings and Paul Beaumont

8. Parental Responsibility in a European Perspective
Josep Ferrer-Riba

9. Adoption in a European Perspective
Claire Fenton-Glynn

10. Family Law and Older People in a European Perspective
Jonathan Herring

Index


Volume IV

Contents: 1. Introduction – Is there a European Family Law? 2. Institutional European Family Law 3. Organic European Family Law 4. The Future of European Family Law? Bibliography Index