Perspectives for the Unification and Harmonisation of Family Law in Europe

Front Cover
Intersentia nv, 2003 - Law - 573 pages
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Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.
 

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Contents

EUROPEANISATION OF FAMILY
3
Harmonisation of Law in Certain Areas of Family Law
9
The Commission on European Family Law
29
PART ONE ARGUMENTS FOR AND AGAINST UNIFICATION
35
Determination and Application of Foreign Law
42
B Changes in the Applicable Law
46
Europeanisation of the Law
54
Conclusion
64
VARIATIONS ON THE THEME OF STATUS CONTRACT
300
Human Rights and Sexuality in Italy
308
Conclusion
319
DOMESTIC AND CONFLICT DIFFICULTIES INHERENT
322
Rules of Scottish Interna
329
Facing New Frontiers
337
The Influence of Cohabitation on the Relations
344
Cohabitation and its Influence on Children
350

Family Law and Social Change
80
Problems of Legitimation
89
Conclusion
102
the Legal Feasibility of Unification
110
Conclusion
116
Achievements by Private Groups
123
Nonachievements
131
METHODOLOGICAL ASPECTS OF HARMONISATION
143
Different Codification Techniques
151
Conclusion
158
the Same Problems But to A Greater Extent
166
The Ideological Dimension of Family Law
168
Harmonisation As A Movement Towards More
179
UNIFICATION OF PRIVATE INTERNATIONAL LAW
185
UNIFICATION OF INTERNATIONAL FAMILY LAW
194
The French Proposal to Facilitate the Exercise
204
What Lessons Can Be Learned?
210
CHALLENGING THE EUROPEAN HARMONISATION
219
The Charter of Fundamental Rights and The Family
228
UNIFICATION AND HARMONIZATION OF FAMILY
249
The Unification and Harmonization of Laws
264
Current Status of U S Law Concerning the Grounds
265
PROPOSALS
271
The Conflicting Interests of Parents and Children
277
Problems of Enforcement of Private Marital
286
Bibliography
293
A Comparative Overview of the Regulations Pertaining
356
PARENTAL RESPONSIBILITIES VERSUS THE PROGRESSIVE
367
A COMPARATIVE ANALYSIS OF CONTACT ARRANGEMENTS
378
Contact Parent Child
384
Contact Extended Family
397
Possessors of Parental Rights
405
A LAW ECONOMICS APPROACH
412
NEW FORMS OF COHABITATION IN EUROPE CHAL
437
Cohabitation Legislation on A Piecemeal Basis
445
Registered Partnerships
453
Samesex Marriage
459
The Applicable Law
469
A BETTER DEAL FOR CHILDREN
471
What Interpretation of Childrens Rights Underpins
479
Enhancing the Involvement of Children
485
EC Regulation 13472000 Brussels II
493
The Proposal for A New Regulation Brussels II Bis
499
Concluding Considerations
506
New Order V Old Order
514
Conclusion
525
Divorce
533
Maintenance
543
Methodological Points
549
A Taste of the Conference
556
Concluding Remarks
570
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