Family Law and Culture in Europe: Developments, Challenges and Opportunities

doi:10.1017/9781780685274

Family Law and Culture in Europe

Developments, Challenges and Opportunities

This volume contains the contributions delivered at CEFL's fifth international conference, which focused on comparative and international family law in Europe in their respective cultural contexts. Inter alia this book discusses the new Principles of European Family Law regarding Property Relations between Spouses, the proposed EU private international law regulations for international couples and their property relations, the national laws of a growing number of countries which legislate non-formalised relationships, and the new developments regarding social, biological and legal parentage.

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Family Law and Culture in Europe

Developments, Challenges and Opportunities

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Contents

Frontmatter
pp i-iv

Preface
pp v-vi

Contents
pp vii-xiv

List of Authors
pp xv-xviii

PART ONE - THE CEFL PRINCIPLES ON PROPERTY RELATIONS BETWEEN SPOUSES
pp 1-2

General Rights and Duties in the CEFL Principles on Property Relations between Spouses
pp 3-12

Marital Property Agreements
pp 13-24

The Participation in Acquisitions Regime
pp 25-36

The Community of Acquisitions Regime
pp 37-62

PART TWO - BREAKUP OF (NON-)FORMALISED RELATIONSHIPS
pp 63-64

Statutory Regulation of Cohabiting Relationships in the Nordic Countries: Recent Developments and Future Challenges
pp 65-76

Legislating for Cohabitation in Common Law Jurisdictions in Europe: Two Steps Forward and One Step Back?
pp 77-94

The Swedish Cohabitees Act in Today's Society
pp 95-108

Maintenance between Former Spouses and Gender Equality
pp 109-118

Collaborative Practice: An Interdisciplinary Approach to the Resolution of Confl ict in Family Law Matters
pp 119-134

PART THREE - NEW CONCEPTS OF PARENTAGE
pp 135-136

The Right of the Child to Parents
pp 137-150

Contracting on Parentage
pp 151-168

Biological and Social Parenthood
pp 169-174

France: Biological and Social Parentage
pp 175-184

Anonymous Relinquishment and Baby-Boxes: Life-Saving Mechanisms or a Violation of Human Rights?
pp 185-198

Cross-Border Surrogacy: Time for a Convention?
pp 199-216

Re-Thinking Family Law: A New Legal Paradigm for Stepfamilies?
pp 217-228

PART FOUR - INTERNATIONAL FAMILY RELATIONSHIPS
pp 229-230

The Proposal for a Regulation on Matrimonial Property: A Critique of the Proposed Rule on the Immutability of the Applicable Law
pp 231-248

‘Habitual Residence’ in European Family Law: The Diversity, Coherence and Transparency of a Challenging Notion
pp 249-262

New Approaches to Same-Sex Marriage: The End of Nationality as a Connecting Factor?
pp 263-276

Protection Orders across Europe: First Remarks on Regulation No. 606/2013
pp 277-290

PART FIVE - TRANSNATIONAL FAMILIES: ACROSS NATIONS AND CULTURES
pp 291-292

Family Life and EU Citizenship: The Discovery of the Substance of the EU Citizen's Rights and its Genuine Enjoyment
pp 293-304

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Family Law and Culture in Europe

Developments, Challenges and Opportunities

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