Contractualisation of Family Law - Global Perspectives

Nonfiction, Reference & Language, Law, International, Social & Cultural Studies, Social Science, Sociology
Cover of the book Contractualisation of Family Law - Global Perspectives by , Springer International Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9783319172293
Publisher: Springer International Publishing Publication: July 6, 2015
Imprint: Springer Language: English
Author:
ISBN: 9783319172293
Publisher: Springer International Publishing
Publication: July 6, 2015
Imprint: Springer
Language: English

This volume presents global and comparative perspectives on the perpetual pendular movement of family law between status and contract. It contributes to the topical academic debate on ‘family law exceptionalism’ by exploring the blurred lines between public law, private law and family law, and sheds light on the many shades of grey that exist. The contributions focus on both substantive and procedural family law on parents and children and on life partners, with particular attention for contractual arrangements of family formations and of conflict resolution. The hypothesis underlying all contributions was the trend towards contractualisation of family law. A convergent research outcome resulting from the comparison of national reports was the ambivalent position of family law in legal systems worldwide. That comparison shows that, whereas family law is clearly moving towards contract with regard to old family formations, the contrary is true for new family formations. The movement towards contract is rarely considered to be contractualisation pur sang, with civil effect. The movement towards status, finally, does not necessarily witness ‘family law exceptionalism’ vis-à-vis private law, in view of the increasing State interventionism in private law relations in general. In sum, as the volume shows, the high permeability of the demarcations between the State, the family and the market impedes a categorial approach.

This volume is based on the general and selected national reports on the topic “Contractualisation of Family Law” that were presented at the XIXth International Congress of Comparative Law in Vienna in July 2014.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This volume presents global and comparative perspectives on the perpetual pendular movement of family law between status and contract. It contributes to the topical academic debate on ‘family law exceptionalism’ by exploring the blurred lines between public law, private law and family law, and sheds light on the many shades of grey that exist. The contributions focus on both substantive and procedural family law on parents and children and on life partners, with particular attention for contractual arrangements of family formations and of conflict resolution. The hypothesis underlying all contributions was the trend towards contractualisation of family law. A convergent research outcome resulting from the comparison of national reports was the ambivalent position of family law in legal systems worldwide. That comparison shows that, whereas family law is clearly moving towards contract with regard to old family formations, the contrary is true for new family formations. The movement towards contract is rarely considered to be contractualisation pur sang, with civil effect. The movement towards status, finally, does not necessarily witness ‘family law exceptionalism’ vis-à-vis private law, in view of the increasing State interventionism in private law relations in general. In sum, as the volume shows, the high permeability of the demarcations between the State, the family and the market impedes a categorial approach.

This volume is based on the general and selected national reports on the topic “Contractualisation of Family Law” that were presented at the XIXth International Congress of Comparative Law in Vienna in July 2014.

More books from Springer International Publishing

Cover of the book Physical and Statistical Models for Steam Generator Clogging Diagnosis by
Cover of the book Touschek Lifetime Studies and Optimization of the European Synchrotron Radiation Facility by
Cover of the book Recent Developments in Discontinuous Galerkin Finite Element Methods for Partial Differential Equations by
Cover of the book Screening Modern Irish Fiction and Drama by
Cover of the book Exploring the World with the Laser by
Cover of the book Water Governance Decentralization in Sub-Saharan Africa by
Cover of the book The Capitalist State and the Construction of Civil Society by
Cover of the book Stochastic Partial Differential Equations: An Introduction by
Cover of the book Management of Thyroid Nodules and Differentiated Thyroid Cancer by
Cover of the book Entertainment and Politics in Contemporary China by
Cover of the book Soft Computing Applications by
Cover of the book Hayek: A Collaborative Biography by
Cover of the book Soft Modeling in Industrial Manufacturing by
Cover of the book Perceptions of Pregnancy from the Seventeenth to the Twentieth Century by
Cover of the book Continuous EEG Monitoring by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy