Civil law 131 results

This edited volume seeks to test the Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses in a range of legal systems, Malta, Estonia, Lithuania and Turkey; and in so doing to assess these legal systems in view of the Principles, and the Principles in view of these legal systems.

In these Principles, the CEFL has developed a comprehensive and original set of rules in the field of parental responsibilities based on respect for the rights of the child, non-discrimination and, as far as possible, self-determination. In their provisions on specific issues the Principles opt for solutions which seem to be workable and shall avoid unnecessary hardship and disputes.

The Brussels II bis Regulation contains uniform rules for jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility. This book addresses the impact and application of the new rules in the form of national reports.

This book provides an overview of the developments in family law in Europe during the last two millennia. It aims to examine the so-called 'cultural constraints argument', which suggests that family law is unsuitable for harmonisation because the family laws of the European countries are deeply imbedded in their unique national cultures and history.

This book also contains a theoretical component that draws insights and inspiration from autonomy-based theories of contract, law and economics, notions of fairness and socio-legal perspectives to establish why contracting parties leave gaps in their contracts, whether intervention is justified and, if so, how gaps in contracts should be filled.

This book serves as a reference tool for all those who require information regarding the substantive law rules concerning new forms of non-marital registered relationships in the countries researched, as well as for those interested in the private international law aspects of these relationships.

This volume contains twenty-three contributions related to: (1) divorce and maintenance between former spouses, (2) parental responsibilities, (3) informal long-term relationships and (4) the revised Brussels II Regulation.

This volume contains twenty-three contributions related to: (1) divorce and maintenance between former spouses, (2) parental responsibilities, (3) informal long-term relationships and (4) the revised Brussels II Regulation.

The 1980 UN Convention on Contracts for the International Sale of Goods unifies the law governing the rights and obligations arising from a contract for the international sale of goods for the seller and the buyer. One of the main obligations for the seller under the Convention is to deliver goods which are in conformity with the contract (art. 35 CISG). With respect to this particular obligation, a number of questions have arisen. This book contains an analysis of the case law that has been established on the basis of the CISG concerning these questions.

This work, thanks to the translation of the rules of Private International Law in the field of family law, provides lawyers, civil servants and consular officers with insight into the applicable rules in international cases. It is hoped that this work will also further contribute to the development of an international legal discourse on the development of family law in other jurisdictions.

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.