Juxtaposing Legal Systems and the Principles of European Family Law: Divorce and Maintenance
The Commission on European Family Law published its “Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses” in 2004 as a contribution towards the establishment of a European Family Law. Only by empirical testing of the Principles in a number of legal systems can one demonstrate whether they are acceptable and/or are regarded as an improvement on existing national laws. This edited volume seeks to test the Principles in a range of legal systems, some already considered by the CEFL: France, Scandinavia, England, Scotland; some untested: 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. The final part of the volume is a comparative assessment of the findings, looking at the Principles first as harmonious ideals, and then as shortfalls in these ideals and at the obstacles to harmonisation
|Type of product||Book|
|EAN / ISSN||9789050955775|
|Series name||European Family Law|
|Number of pages||xviii + 270 p.|
|Access to exercice||No|
|Publication Date||May 2, 2007|
|Available on Jurisquare||No|
|Available on Strada Belgique||No|
|Available on Strada Europe||No|
|Available on Strada Luxembourg||No|
- Table of Contents
- INTRODUCTORY OVERVIEW
- COMMON CULTURES AND DIVERSE LAWS - COMMON LAWS AND DIVERSE CULTURES
- PART ONE - RE-TESTING THE TESTED: THE SAME AND THE DIFFERENT
- FRANCE AND THE PRINCIPLES OF EUROPEAN FAMILY LAW REGARDING DIVORCE AND MAINTENANCE BETWEEN FORMER SPOUSES
- DIVORCE SYSTEM AND MAINTENANCE OF FORMER SPOUSES IN SCANDINAVIAN COUNTRIES
- ENGLAND AND WALES JUXTAPOSED TO THE EUROPEAN PRINCIPLES OF FAMILY LAW
- COMMON PRINCIPLES AND PURPOSES? SCOTS LAW AND THE COMMISSION ON EUROPEAN FAMILY LAW
- PART TWO - DIVERSITY IN THE NEW MEMBERS OF THE EUROPEAN UNION: CAN THERE BE ONE WAY FORWARD?
- THE POSITION IN MALTA JUXTAPOSED TO THE PRINCIPLES OF EUROPEAN FAMILY LAW: DIVORCE AND MAINTENANCE
- DIVORCE AND MAINTENANCE BETWEEN FORMER SPOUSES IN ESTONIA AND THE CEFL PRINCIPLES
- LEGAL REGULATION OF DIVORCE IN THE CIVIL CODE OF THE REPUBLIC OF LITHUANIA AS COMPARED TO THE CEFL PRINCIPLES
- PART THREE - AN ASPIRANT CANDIDATE: DO VALUES CLASH?
- TURKISH FAMILY LAW FACING THE PRINCIPLES OF EUROPEAN FAMILY LAW
- PART FOUR - COMPARATIVE ASSESSMENT
- THE NATIONAL LEGAL SYSTEMS JUXTAPOSED TO THE CEFL PRINCIPLES: HARMONIOUS IDEALS?
- THE PRINCIPLES OF EUROPEAN FAMILY LAW PUT TO THE TEST: DIVERSITY IN HARMONY OR HARMONY IN DIVERSITY?
- ANNEXES: THE QUESTIONNAIRE AND THE PRINCIPLES
- QUESTIONNAIRE: GROUNDS FOR DIVORCE AND MAINTENANCE BETWEEN FORMER SPOUSES
- PRINCIPLES OF EUROPEAN FAMILY LAW REGARDING DIVORCE AND MAINTENANCE BETWEEN FORMER SPOUSES.