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The volume provides a first-ever comprehensive account of the concept and the role of the family in EU law from the perspective of various disciplines. It explores the family in EU law from four different angles. The first part of the book considers the philosophical and theoretical foundations of the family in the law in general, including the definition of the family under EU law. The second part provides an overview of the rights conferred upon the family by Union law and assesses whether these cater for the needs of all families. The third part of the book examines the potential conflicts between the definitions of a family and concurring rights as found in the EU legal order, the ECHR, and national laws. Finally, the fourth part offers insights into how EU law deals with some situations of crisis that are faced by families in the EU.This title is also available as Open Access on Cambridge Core.
The notion that children constitute an important group of rights holders has gained increasing acceptance both domestically and internationally. Nevertheless, this rhetorical commitment to children's rights is not necessarily realised in practice. Now in its fourth edition, Fortin's Children's Rights and the Developing Law explores the extent to which law and policy in England promotes or undermines the rights of children. Fully revised and updated, this textbook uses current research on child development and welfare to reflect on the extent to which the law fulfils children's rights in a wide range of areas, including medical law, education and child poverty. These developments are measured again the domestic law and the UK's international obligations under, for example, the United Nations Convention on the Rights of the Child.
The International Society of Family Law is an independent, international, and non-political scholarly association dedicated to the study, research and discussion of family law and related disciplines. The Society's membership currently includes professors, lecturers, scholars, teachers, and researchers from more than 50 different countries, offering a unique opportunity for networking within a truly international family law community.
The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe. Chapters are prepared by an international team of selected experts in the field, usually covering twenty or more jurisdictions in each edition.
The 2023 Jubilee edition of the International Survey combines reflections on the history of the International Society of Family Law and the last 50 years of family law developments across the globe. It also covers the latest updates on topics such as the inclusion of artificial intelligence in family law dispute resolution, the evolution of the relationship between civil and Shari'a courts, the continuing discussion of the nature of marriage and the rights of same-sex couples, reconciling informal families with customary law, reforms in the legal treatment of the elderly, inheritance law, and a comparison of the right to privacy in the United States and Israel, in the wake of the US Supreme Court decision overturning a half century of abortion protections.
In this highly original work, renowned family and contract law expert Brian H. Bix explores the increasing legal recognition of private ordering in American family law. Today, individuals can alter the terms of a marriage and divorce through agreements, and courts sometimes allow individuals to create, waive, and alter parental rights by way of surrogacy, open adoption, and co-parenting agreements, among other mechanisms. But when is such private ordering beneficial to all, and when should it be regulated or prohibited? Families by Agreement explores these questions in accessible detail to provide an important resource for those who litigate in these areas and for those who want to be thoughtful participants in these moral and policy debates.
How are siblings who were conceived using the same sperm or egg donor making connections in the absence of legal support? What is it like to discover you are part of a 50+ donor sibling group? How are donor conceived adults using new technologies to connect with genetic family and explore their identity? This edited collection considers the donor linking experiences of donor conceived adults and children, recipient parents, and donors in a global context. It includes contributions from legal academics, social workers, sociologists, psychologists, and policy makers who work in the assisted conception field. As a result, it will be of particular interest to scholars of reproductive law, sociology, and digital media and reproductive technologies. It will also engage those following the debate around donor linking and the use of do-it-yourself technologies, including direct-to-consumer genetic testing and social media.
The volume serves as reference point for anyone interested in the Middle East and North Africa as well as for those interested in women's rights and family law, generally or in the MENA region. It is the only book covering personal status codes of nearly a dozen countries. It covers Muslim family law in the following Middle East/north African countries: Tunisia, Egypt, Morocco, Algeria, Iraq, Lebanon, Jordan, Israel, Palestine, and Qatar. Some of these countries were heavily affected by the Arab Spring, and some were not. With authors from around the world, each chapter of the book provides a history of personal status law both before and after the revolutionary period. Tunisia emerges as the country that made the most significant progress politically and with respect to women's rights. A decade on from the Arab Spring, across the region there is more evidence of stasis than change.
Edina Harbinja examines the theoretical, technological and doctrinal issues surrounding online death and digital assets. By examining different areas of law, humanities and social science, she proposes the new concept of postmortal privacy (privacy of the deceased individuals) and provides answers and suggestions as to what happens to digital assets and online identity after death. Case studies draw on the transmission of emails, online games such as World of Warcraft and social networks to examine the legal issues surrounding these most prominent and widely used types of assets. Aspects of property, intellectual property, contract, succession and probate, privacy and data protection, jurisdiction and criminal law are considered. Harbinja puts forward policy suggestions, proposals for law reforms and sets out an innovative agenda which will open new avenues for research. Her useful consideration of current digital legacy tools and technologies also offers practical advice for users when it comes to their own estate planning.
The International Society of Family Law is an independent, international, and non-political scholarly association dedicated to the study, research and discussion of family law and related disciplines. The Society's membership currently includes professors, lecturers, scholars, teachers, and researchers from more than fifty different countries, offering a unique opportunity for networking within a truly international family law community. The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe. Chapters are prepared by an international team of selected experts in the field, usually covering twenty or more jurisdictions in each edition. The 2022 edition of the International Survey includes a broad review of global developments, including the incorporation of international treaties and European law into national adjudications, the impact of COVID-19, the changing demographic pressures that influence family organisation, the ability of different legal systems to manage the parallel religious and secular concerns, the challenges of immigration and cross-border disputes, and a review of different countries' approaches to family recognition, spousal support, custody, inheritance and other family law topics.
John Eekelaar, FBA, is a 'giant of family law', whose unrivalled contribution to the entire breadth of family law scholarship and research has brought many doctrinal, theoretical, empirical and contextual insights to the study of family law and family justice. His world-wide reputation and influence in the field of family law, and the huge body of literature his career of more than 50 years has produced, are celebrated in this collection of essays written by senior judges and fellow academics. The 66 contributions cover a wide range of issues in family law, child law and family justice. Many draw their inspiration from Eekelaar's sociolegal and social policy focus, the ground-breaking, keystone or prescient nature of his analyses, or the various lenses through which he has sought to refract the subject matter of family law. Throughout the book the admiration for Eekelaar and the high esteem in which he is held is palpable. The result is a collection of insightful critical engagements with family law and family justice, inspired by Eekelaar's work, which bear testament to the vast impact of Eekelaar's ideas and to his kindness and humanity.
Same-sex relationships have successively qualified for formalization through marriage or registered partnership in many European countries. However, some EU Member States still refuse to give them any form of recognition or only allow very limited legal effects. The irregular speed of development in domestic family laws in EU Member States results in 'limping family' relations, that is, family relations that are recognised as creating a formal civil status in many EU Member States, but not in all of them. The ordre public safeguard of private international law has widely been used to justify why a same-sex marriage or registered partnership cannot be recognised. The pretext tends to be that national identity, allegedly, becomes threatened. Nevertheless, the case-law of the European Court of Human Rights and the Court of Justice of European Union provides new standards for recognition, which create legal obligations for EU Member States.
Family law is a site of social conflict and the erasure of non-traditional families. This book explores how conservative religious and progressive queer groups can cooperatively work together to expand family law's recognition beyond the traditional state-sponsored family. Various religious groups have shown an interest in promoting alternative family structures. For example, certain Muslim and Mormon communities have advocated for polygamy, thereby aligning with queer groups' interest in overcoming the engrafting of monogamy into state law. Advocacy by North American religious conservatives for reforms in favor of non-conjugal families and against same-sex marriage overlaps with certain queer efforts to legitimize friendships and non-traditional families more generally.
This book explores these potential areas of queer and religious political cooperation-including limitations and principled reservations to such cooperation. It then looks at additional future arenas of queer and religious political cooperation going beyond family law.
When a death is investigated by a coroner, what is the place of the family in that process? This accessibly written book develops a nuanced analysis of the contemporary inquest system in England and Wales.
Based on economic theory, this book offers a novel approach to understanding the marital dynamic, explaining the substantive regulation of marriage and modeling legal outcomes at the conflict of laws level. On this ground the author proposes specific rules to regulate the party autonomy for the law governing the relationship, and to determine the applicable law in absence of a choice of law agreement for key aspects of the relationship: maintenance obligations, divorce, and property regime.
The book is organized in two parts, preceded by an introductory section, where the results achieved by the harmonization of conflict rules promoted by the EU are examined critically. The first part puts forward economics as the approach to better comprehend the couple's expectations of marriage. It focuses on explaining the economic rationale behind marriage, underlining its contractual nature, and demonstrating that common legal remedies as well as several mandatory and default rules in modern marriage law indeed have an economic foundation. The second part is devoted entirely to the conflict of laws dimension of marriage. The book will therefore be of interest to scholars and lawmakers attempting to launch reforms anywhere or looking for a practical and novel application of economics in the analysis of the law.
The International Society of Family Law is an independent, international, and non-political scholarly association dedicated to the study, research and discussion of family law and related disciplines. The Society's membership currently includes professors, lecturers, scholars, teachers and researchers from more than fifty different countries, offering a unique opportunity for networking within a truly international family law community. The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe. Chapters are prepared by an international team of selected experts in the field, usually covering twenty or more jurisdictions in each edition.
Despite the COVID-19 pandemic, the 2021 edition of the Survey traces developments from around the world, brought about through international, national and local bodies. The chapters analyse civil and common law systems, as well as decisions of the United Nations and the European Union courts. Some chapters focus on the beginnings of families, including marriage, adoption and assisted reproduction, while others deal with their dissolution or the effects (and aftereffects) of aging. Once again, our authors include emerging scholars as well as highly regarded academics, judges and practitioners.
Jurisdictional Exceptionalisms examines the legal issues associated with a parent's forced removal of their children to reside in another country following relationship dissolution or divorce. Through an analysis of Public and Private International Laws, and Islamic law - historical and as implemented in contemporary Muslim Family Law States - the authors uncover distinct legal lexicons that centre children's interests in premodern Islamic legal doctrines, modern State practice, and multilateral conventions on children. While legal advocates and policy makers pursue global solutions to parental child abduction, this volume identifies fundamental obstacles, including the absence of shared understandings of jurisdiction. By examining the relevant law and practice, the study exposes the polarised politics embedded in the technical legal rules on jurisdiction. Presenting a new, innovative method in comparative legal history, the book examines the beliefs, values, histories, doctrines, institutions and practices of legal systems presumed to be in conflict with one another.
Successive governments have made progressive, but ad hoc reforms to marriage law in Britain. This book provides the first accessible guide to how contemporary marriage law interacts with religion. It reveals the need for the consolidation, modernisation and reform of marriage law and sets out proposals for transformation.
This book is the first to explore the interactions of the law with the life course in order to understand the complex life journey as a whole. Jonathan Herring reveals how the law privileges 'middle age' to the detriment of the whole life story and explains why an understanding of the life course is important for lawyers.
'Gray's work is an extremely rewarding read to understand the structures and connections [in the choice of court and choice of law rules in family and succession matters]' -- Prof Dr Peter Mankowski, FamRZ, 2021. This quote has been translated from German. This book focuses on the concept of party autonomy in cross-border family matters and succession in EU private international law. It analyses the choice of court and choice of law provisions that has been developed within this framework over the past two decades. These rules are evaluated and compared in view of the underlying values and objectives in the EU context. Does the manifestation of these provisions meet the EU's objectives in adopting legislative action? If not, what factors prevent them from doing so? Are there any gaps that need to be addressed and how might these issues be tackled? Party Autonomy in EU Private International Law: Choice of Court and Choice of Law in Family Matters and Succession is valuable to researchers, legal practitioners and civil servants with an interest in private international law and/or cross-border family- and succession law issues.
There can be no doubt that both substantive family and succession law engage in significant interaction with private international law, and, in particular, the European Union instruments in the field. While it is to be expected that substantive law heavily influences private international law instruments, it is increasingly evident that this influence can also be exerted in the reverse direction. Given that the European Union has no legislative competence in the fields of family and succession law beyond cross-border issues, this influence is indirect and, as a consequence of this indirect nature, difficult to trace. This book brings together a range of views on the reciprocal influences of substantive and private international law in the fields of family and succession law. It outlines some key elements of this interplay in selected jurisdictions and provides a basis for discussion and future work on the reciprocal influences of domestic and European law. It is essential that the choices for and within certain European instruments are made consciously and knowingly. This book therefore aims to raise awareness that these reciprocal influences exist, to stimulate academic debate and to facilitate a more open debate between European institutions and national stakeholders. With contributions by Elena Bargelli (University of Pisa, Italy), Anne Barlow (University of Exeter, England, United Kingdom), Elena D'Alessandro (University of Turin, Italy), Elise Goossens (KU Leuven; Vrije Universiteit Brussel; University of Antwerp, Belgium), Nigel Lowe (Cardiff University, Wales, United Kingdom), Robert Magnus (University of Bayreuth, Germany), Maire Ni Shuilleabhain (University College Dublin, Ireland), Walter Pintens (KU Leuven, Belgium; Saarland University, Germany), Pablo Quinza Redondo (University of Valencia, Spain), Lukas Rass-Masson (University of Toulouse, France), Anne Sanders (University of Bielefeld, Germany), Jens M. Scherpe (University of Cambridge, England, United Kingdom; University of Hong Kong; University of Aalborg, Denmark; University of the Western Cape, South Africa), Wendy Schrama (Utrecht University, The Netherlands), Denise Wiedemann (Max Planck Institute for Comparative and International Private Law, Hamburg, Germany).