Plurality and Diversity of Family Relations in Europe

1. Auflage 2019
ISBN: 978-1-78068-817-6
Verlag: Intersentia Ltd

Buch, Englisch, 388 Seiten, Format (B × H): 162 mm x 238 mm, Gewicht: 645 g

This volume contains the contributions delivered at CEFL's sixth international conference, which focused on comparative and international family law in Europe in their respective cultural contexts. Inter alia in this book CEFL experts and other legal scholars address the CEFL and its Principles, the interrelation of family law and family sociology, family migration, childrens and womens fundamental rights, as well as the developing concept of parenthood, the role of children in family proceedings, extra-judicial divorces and ADR in family matters.While the development of modern trends in European family law is going on, some new challenges arise and old challenges remain. The awareness of more plurality and diversity in family relationships is increasing. Both pose problems. New legal solutions have to be integrated into the existing family law system. On the other hand, there are tensions between modern fundamental values and traditional religious solutions. For both a deeper analysis is necessary.The conference, and in turn the book, aims to enhance the exchange of ideas and arguments on comparative and international family law in Europe.

Autoren/Hrsg.

Martiny, Dieter

Boele-Woelki, Katharina

Weitere Mitwirkende

Boele-Woelki, Katharina

Martiny, Dieter

Inhaltsverzeichnis

THE CEFL AND ITS PRINCIPLES. The Commission on European Family Law: Taking Stock after Almost 20 Years (p. 3) The Principles of European Family Law Regarding the Property, Maintenance and Succession Rights of Couples in De Facto Unions: A First Glimpse (p. 17) FAMILY MIGRATION, CHILDREN'S AND WOMEN'S RIGHTS. Respecting Children's Dignity under Private International and Migration Law (p. 47) Empowering Women in Family Relations (p. 59) The Paradox of Rights Through the Lens of Muslim Women's Rights in Family Law (p. 89) THE DEVELOPING CONCEPTS OF PARENTHOOD. The Concept of Parenthood in the Case Law of the European Court of Human Rights (p. 103) Family Frontiers: The Definition of Parenthood in Brazil and in Portugal (p. 119) Donor Conception: From Anonymity to Openness (p. 143) THE ROLE OF THE CHILD IN FAMILY PROCEEDINGS. Balancing the Rights of Parent and Child in Case of Non-Compliance with Contact Arrangements: A Case Law Analysis (p. 175) The Public Law Aspects of the Brussels IIbis Regulation Through an Irish Lens (p. 203) The Right of the Child to be Heard in Parental Responsibility Proceedings (p. 225) Maturity and the Child's Right to be Heard in Family Law Proceedings: Article 12 UNCRC and Case Law of the ECtHR Compared (p. 237) EXTRA-JUDICIAL DIVORCES AND ADR IN FAMILY MATTERS. The Recognition of Religious Private Divorces in Europe: From Conflict of Laws to Conflict of Cultures? (p. 257) Extra-Judicial Muslim Divorces and Family Mediation in the Nordic Countries: What Role is there for the Welfare State? (p. 285) Family Law Arbitration: A Comparative Analysis of German and English Law and Practice (p. 313) Mandatory Mediation from a European and Comparative Law Perspective (p. 341) INTERDISCIPLINARY RESEARCH INTO FAMILY RELATIONS. Family Sociology and Family Law: What can the One Learn from the Other? (p. 373)

Über Autor(innen)

Boele-Woelki, Katharina
Katharina Boele-Woelki is Professor of Private International Law, Comparative Law and Family Law at Utrecht University, The Netherlands and Extraordinary Professor at the University of the Western Cape, South-Africa. Since 2001 she has been the chair of the Commission on European Family Law which was established upon her initiative.  She is president of the Dutch Association of Family Law, member of the board of the Dutch Association of Comparative Law, and member of several editorial boards of Dutch and European and South-African law journals. She is also a member of various associations, such as the Deutsche Gesellschaft für Völkerrecht as well as the Wissenschaftliche Vereinigung für Familienrecht. Since 2003 she has been one of the editors of the European Family Law Series. In 2007 she established the Utrecht Centre for European Research into Family Law (UCERF). She is a titular member of the International Academy of Comparative Law. She has organized prestigious international conferences, delivered numerous guest lectures at various universities around the world and has acted as a reporter, speaker, expert and panel member in many international conferences. In 2011 she has been awarded an honorary doctorate from the University of Uppsala. In 2012 she has received the Anneliese Maier Forschungspreis of the Alexander von Humboldt Stiftung (Germany) for her work in the field of international and European family law. In 2013 she has been elected member of the International Advisory Board of the Alexander von Humboldt Stiftung. In 2014 she had been elected President of the International Academy of Comparative Law. 

Since 2015 she is taking on a new position as president of the Bucerius Law School.

Martiny, Dieter
Dieter Martiny is emeritus Professor at Europa-Universität Viadrina in Frankfurt/Oder.
Dieter Martiny studied law in Heidelberg, Freiburg, Hamburg and Munich from 1963 to 1968. He passed the first and the second State Exam in Munich. After his PhD (1975) and habilitation (1995) at the Ludwig-Maximilians-Universität Munich, he was a senior research fellow at the Max Planck Institute for foreign and international private law in Hamburg from 1974-1996. Besides that, he was a professor in Hamburg and Osnabrück.
Since 2009, he is a guest professor at the Max Planck Institute for foreign and international private law in Hamburg.