Author: Frederik Swennen
Publisher: Springer
ISBN: 3319172298
Category : Law
Languages : en
Pages : 375
Book Description
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.
Contractualisation of Family Law - Global Perspectives
Author: Frederik Swennen
Publisher: Springer
ISBN: 3319172298
Category : Law
Languages : en
Pages : 375
Book Description
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.
Publisher: Springer
ISBN: 3319172298
Category : Law
Languages : en
Pages : 375
Book Description
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.
Author:
Publisher: Editions Bréal
ISBN: 2749522870
Category :
Languages : en
Pages : 227
Book Description
Publisher: Editions Bréal
ISBN: 2749522870
Category :
Languages : en
Pages : 227
Book Description
Rapports judiciares officiels de Québec
Author: Québec (Province). Court of King's Bench
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : fr
Pages : 626
Book Description
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : fr
Pages : 626
Book Description
The Civil Code of the Province of Quebec
Author: Québec (Province)
Publisher:
ISBN:
Category : Civil law
Languages : fr
Pages : 828
Book Description
Publisher:
ISBN:
Category : Civil law
Languages : fr
Pages : 828
Book Description
Code civil du Bas Canada
Author: Québec (Province). Commissioners for the Codification of the Laws of Lower Canada in Civil Matters
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages : 478
Book Description
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages : 478
Book Description
Rapports Judiciaires de Québec
Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : fr
Pages : 874
Book Description
Contains decisions of the various courts of Quebec and includes a few cases of earlier date.
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : fr
Pages : 874
Book Description
Contains decisions of the various courts of Quebec and includes a few cases of earlier date.
Les rapports judiciaires de Québec
Author: Québec (Province). Superior Court
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : fr
Pages : 622
Book Description
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : fr
Pages : 622
Book Description
Essays in legal history read before the International Congress of Historical Studies held in London in 1913
Author: Paul Vinogradoff
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 412
Book Description
Publisher:
ISBN:
Category : Jurisprudence
Languages : en
Pages : 412
Book Description
The Influence of Human Rights and Basic Rights in Private Law
Author: Verica Trstenjak
Publisher: Springer
ISBN: 3319253379
Category : Law
Languages : en
Pages : 596
Book Description
This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.
Publisher: Springer
ISBN: 3319253379
Category : Law
Languages : en
Pages : 596
Book Description
This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.
Manuel Élémentaire de Droit Romain
Author: Paul Frédéric Girard
Publisher:
ISBN:
Category : Roman law
Languages : en
Pages : 1180
Book Description
Publisher:
ISBN:
Category : Roman law
Languages : en
Pages : 1180
Book Description