European Family Law Volume III


European Family Law Volume III

Family Law in a European Perspective

9781785363047 Edward Elgar Publishing
Edited by Jens M. Scherpe, Professor of Comparative Law, Aalborg University, Denmark
Publication Date: 2016 ISBN: 978 1 78536 304 7 Extent: 416 pp
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.

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Family Law in a European Perspective examines core aspects of family law from a comparative European perspective: 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. These topics have been the most debated in family law over the past century. They cover areas where national family laws have reacted, or will need to react, to the challenges of societal changes, medical advances and institutional pressures – including decisions of the European Courts. The contributions show diversity in, as well as developments towards, a common 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.
Critical Acclaim
‘The four volumes that make up this monumental book project on European Family Law 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
Contributors: M. Antokolskaia, P. Beaumont, I. Curry-Sumner, C. Fenton-Glynn, J. Ferrer-Riba, R. George, J. Herring, J. Miles, J.M. Scherpe, C. Sörgjerd, K. Trimmings

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

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