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 22. Joint Parental Authority
C. Jeppesen-de Boer

This book provides a comparative legal study of the concept and content of joint parental authority after divorce and the breakup of a relationship in Dutch and Danish law. In addition, the Principles regarding Parental Responsibilities which have been drafted by the Commission on European Family Law are taken into account. The knowledge provided by this study may serve various purposes. Firstly, it contributes to the ongoing debate concerning the convergence of family law in Europe and the related discussions concerning the desirability and feasibility of its harmonisation. Secondly, it provides inspiration for national debates concerning the construction and content of joint parental authority and contact. Finally, it offers a micro-comparative study of the family law systems of Denmark and The Netherlands, which to date has never been the subject of a direct comparison.

ISBN 978-90-5095-800-4 | 342 pages | In print. To order this book click here.

21. La capacité de l'enfant dans les droits français, anglais et écossais
L. Francoz-Terminal

L’étude de la capacité de l’enfant dans les droits français, anglais et écossais met en lumière trois approches différentes de la minorité. Les spécificités de chaque système en la matière, principalement tirées de leur évolution historique et juridique respectives, ne doivent pas occulter les similitudes qui existent dans l’approche juridique de la condition du mineur. Les systèmes étudiés font tous de la protection de l’enfant leur priorité, et si le droit accorde au mineur certaines parcelles de capacité c’est toujours avec l’idée que celle- ci est à son avantage. L’étude entreprise met en relief l’idée force que la capacité octroyée au mineur ne saurait l’être au détriment de la protection de sa personne, et dans une moindre mesure de celle de son patrimoine. Les trois systèmes étudiés font du mécanisme de représentation, ou plus exactement de celui de l’action pour le compte de l’enfant, la pierre angulaire du régime de la minorité. Ce mécanisme est celui qui permet l’accès du mineur au droit tant pour la réalisation d’actes juridiques ordinaires que pour la défense de ses intérêts en justice. Cependant, dans aucun des trois systèmes ce mécanisme, qui consacre l’effacement de la personne de l’enfant, n’a vocation à régir de manière absolue et dans son intégralité la période d’âge qui va de la naissance à la majorité. Les trois systèmes reconnaissent tous trois à l’enfant durant sa minorité, dans certaines circonstances, une capacité pleine et entière. Enfin, ils organisent chacun à sa manière une période tampon d’apprentissage de la capacité.

ISBN 978-90-5095-775-5 | 557 pages | In print. To order this book click here.

20. Children and their Parents
M.J. Vonk

This is a book about children and their parents. There are many different kinds of children and at least about as many different kinds of parents. In addition to the many different disciplines that study children and their parents, such as sociology, psychology, child studies and gender studies, to name but a few, this study concerns a legal question with regard to the parent-child relationship, namely how the law assigns parents to children. This subject is approached in a comparative legal perspective and covers England and The Netherlands. The book contains a detailed comparison and analysis of the manner in which the law in the two jurisdictions assigns the status of legal parent and/or attributes parental responsibility to the child’s biological and intentional parents. The concept ‘procreational responsibility’, which is introduced in the concluding chapter of the book, may be used as a tool to assess and reform existing regulations on legal parent-child relationships.
The structure of the book, which is based on a categorisation of different family types in a ‘family tree’, enables the reader to have easy access to family-specific information.

ISBN 978-90-5095-732-8 | 304 pages | In print. To order this book click here.

19. European Challenges in Contemporary Family Law
K. Boele-Woelki and T. Svedrup (ed.)

This book contains the contributions to the third CEFL conference which took place in Oslo in June 2007. The general topic European Challenges in Contemporary Family Law has been divided into five themes:
  • The Harmonisation of Family Law
  • Children and Their Parents
  • Irregular Marriages and the Influence of Multiculturalism
  • (Property) Relations between Spouses and Cohabitants
  • Cross-Border Family Relationships.
    These issues are, in different ways, related to the remarkable change in family life that has taken place in Europe in the last three or four decades. Hardly any other field of law has experienced such profound and deep social and demographic changes as family law in this short period of time: an explosion in the divorce rates and extramarital cohabitation and the resulting increase in the number of children born out of wedlock; women joining the paid work force en masse, influencing, among other things, parental roles and property relations among partners; and – more recently – the growing social acceptance of same-sex relationships and new techniques of artificial insemination are just a few important features of this development. We are in the middle of a “silent revolution” in family life in Europe. And while these transformations take place, we experience a vast cross-border movement of people – both within Europe, and in the form of migration from other continents.

    ISBN 978-90-5095-692-5 | 424 pages | In print. To order this book click here.

    18. Convergence and Divergence of Family Law in Europe
    M. Antokolskaia (ed.)

    This volume contains the written versions of presentations given at the international conference “Convergence and Divergence of Family Law in Europe”, organised in Amsterdam in September 2006. The main objective of this conference was to instigate an in-depth discussion regarding various facets of the convergence/divergence discord. Another objective was to give scholars the opportunity to present their respective views in the ongoing debate surrounding convergence, divergence and deliberate harmonisation activities in the field of family law.
    In the first part of this book the historical and theoretical issues of the convergence/divergence debate and the controversy surrounding the “cultural constraints” argument are discussed. The second part gives a picture of the contemporary role of convergence/divergence tendencies on a regional level in various parts of Europe. It starts with an overview of the recent trends in the renowned “Nordic co-operation” in the approximation of family laws, which is generally considered to be the most successful example of regional harmonisation of family laws in Europe. The next article deals with convergence/divergence tendencies in the development of the family law of the Spanish autonomous communities. The following two contributions offer a summary of the convergence and divergence trends in Eastern Europe against the background of such sweeping events as the fall of the Soviet Union, the disintegration of the Eastern block and the accession of a majority of the Central European countries to the EU. The third part of this volume deals with the convergence and divergence tendencies in the following particular fields of family law: marriage, divorce, same-sex relationships, establishment of parenthood and matrimonial property law.

    ISBN 978-90-5095-690-1 | 282 pages | In print. To order this book click here.

    17. Juxtaposing Legal Systems and the Principles of European Family Law: Divorce and Maintenance
    E. Örücü and J. Mair

    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.

    ISBN 978-90-5095-577-5 | 270 pages | In print. To order this book click here.

    16. Principles of European Family Law Regarding Parental Responsibilities
    K. Boele-Woelki, F. Ferrand, C. González Beilfuss, M. Jänterä-Jareborg, N. Lowe, D. Martiny, W. Pintens

    The Principles of European Family Law which are drafted by the CEFL are aimed at contributing to the harmonisation of family law in Europe. They may thus be used as a frame of reference. The first set of Principles in the field of Divorce and Maintenance Between Former Spouses was launched in 2004. This book contains the Principles Regarding Parental Responsibilities. 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.

    ISBN 90-5095-645-9 | 332 pages | In print. To order this book click here.

    15. Tensions between legal, biological and social conceptions of parentage
    I. Schwenzer (ed.)

    This book comprises the contributions made to a session on Tensions between legal, biological and social conceptions of parentage, discussing the major developments in the law of parents and children, at the XVIIth Congress of the International Academy of Comparative Law, 1622 July 2006, Utrecht, the Netherlands. It consists of the General Report as well as 15 National Reports from Austria, Belgium, Canada, China/Macau, Croatia, Denmark, England, Germany, Greece, Japan, the Netherlands, Romania, Serbia, Switzerland, and the USA, all by leading family law scholars in their respective countries.

    ISBN 90-5095-646-7 | 392 pages | In print. To order this book click here.

    14. Brussels II bis. Its Impact and Application in the Member States
    K. Boele-Woelki and C. González Beilfuss (eds.)

    The Brussels II bis Regulation which contains uniform rules for jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility became effective as of 1st March 2005 for 24 Member States of the European Union. This book addresses the impact and application of the new rules in the form of national reports. The authors provide answers to questions such as: What is the impact of the Regulation on national private international law on the one side, and on substantive law, on the other? Does the Regulation mean that changes have to be made in the national systems? Are there any difficulties as regards the consistency of the private international law system? In how far does the Regulation match the substantive law both as regards divorce and parental responsibility? Are there any difficulties as regards the implementation of the Regulation in the national systems? Have any implementing measures been taken?

    A comparative synthesis of the impact and application of the Brussels II bis Regulation within the European Union and a general introduction into the Europeanisation of private international law in family matters complement the book. As a result it contains the latest update of international family law in Europe.

    ISBN 90-5095-644-4 | 322 pages | In print. To order this book click here.

    13. Harmonisation of Family Law in Europe - A Historical Perspective
    M. Antokolskaia

    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. It follows the path of the greatest-ever harmonisation event in European legal history: the creation of the medieval canon family law, and shows how, under the impact of pan-European economic, cultural and ideological trends, medieval uniformity turned into present-day diversity. Everywhere in Europe the evolution of family law generally followed the same pattern - from a traditional restrictive family law, built upon communitarian, transpersonal premises, to a more permissive family law, based upon modern personalistic ideology - yet national differences seem not to be disappearing. It appears, however, that this has little to do with the embedment of family law in unique national cultures and history. It is the differences in the balance of political power between the proponents and the opponents of the ongoing modernisation of family law that make the various countries respond to the pan-European challenges in dissimilar ways.

    ISBN 90-5095-576-2 | 566 pages | In print. To order this book click here.

    12. Model Family Code. From a Global Perspective
    I. Schwenzer and M. Dimsey

    In extensive areas of private law, namely in the law of obligations, endeavours to comprehensively harmonize and unify different legal systems were already commenced in the second half of the twentieth century. However, family law has only followed suit in very recent times. This Model Family Code aims at contributing to future discussion on the harmonization, and hopefully even unification of family law. The Model Family Code has attempted to address all aspects of Partnerships and of Parents and Children, which constitute the core areas of any family law. It is elaborated from a global, rather than a European perspective. In many cases, it was explicitly inspired by solutions offered under Canadian, Australian, and New Zealand legal systems. Furthermore, it goes beyond the common core of the solutions found in domestic laws in search of the best solution, and removes all discrepancies existing in these laws due to somewhat patchwork development, thereby creating a wholly autonomous and consistent system of family law based on modern solutions. The Model Family Code offers a mere framework for discussion, a skeleton that enables different family policies and realities, as well as cultural systems and values, to be incorporated. It expressly seeks to utilise new terminology, thereby consciously departing from the myriad of national legal terms, which are burdened with historical connotations in the respective countries.

    ISBN 90-5095-590-8 | 256 pages | In print. To order this book click here.

    11. All's well that ends registered? The substantive and private international law aspects of non-marital registered relationships in Europe
    I. Curry-Sumner

    Since 1989, Europe has witnessed an exponential increase in the number of so-called "registered partnership" schemes introduced alongside marriage. The diversity of registration schemes introduced has created numerous problems in cases involving an international or cross-border element. This book focuses on these new registration schemes and is divided into two main parts. The first part is dedicated to the analysis and comparison of the substantive law rules of Belgium, France, The Netherlands, Switzerland and the United Kingdom (England & Wales, Scotland and Northern Ireland). On the basis of this comparison, it is concluded that although these registration schemes appear to be dissimilar, they all fulfil a common function. This conclusion serves as the starting point for the second part, which examines the private international law rules applicable to such relationships. Unification of these rules is deemed to be not only desirable, but also feasible.

    ISBN 90-5095-532-0 | 599 pages | In print. To order this book click here.

    10. Common Core and Better Law in European Family Law
    K. Boele-Woelki (ed.)

    This volume contains twenty-three contributions delivered at the CEFLs second international conference which took place in Utrecht in December 2004. The interventions written by both experienced family experts as well as young researchers cover those fields of family law that are closely related to the activities of the CEFL: (1) divorce and maintenance between former spouses, (2) parental responsibilities, (3) informal long-term relationships and (4) the revised Brussels II Regulation. Furthermore, the opening two contributions deal not only with essential aspects of the harmonisation process of family law in Europe but also with the CEFLs working method.

    ISBN 90-5095-475-8 | 372 pages | In print. To order this book click here.

    9. European Family Law in Action. Volume III: Parental Responsibilities
    K. Boele-Woelki, B. Braat and I. Curry-Sumner (eds.)

    This volume contains detailed information concerning the law on parental responsibilities in twenty-two European jurisdictions. The expert members of the CEFL have drafted national reports on the basis of a detailed questionnaire. These national reports, together with the relevant legal provisions, are available on CEFL's web site (www.law.uu.nl/priv/cefl). This book integrates all the given answers in order to provide an overview and a straightforward simultaneous comparison of the different solutions chosen within the national systems. On the basis of this reliable and comprehensive comparative material the CEFL will be able to draft Principles of European Family Law regarding Parental Responsibilities. ISBN 90-5095-443-X | 840 pages | In print. To order this book click here.

    8. Inheritance Law Legislation of the Netherlands
    Ian Sumner and Hans Warendorf

    The 1st January 2003 saw the introduction of a new inheritance law in the Netherlands. The publisher and the translators hope that this book will find its way into the hands of the large number of non-Dutch speaking persons in and also outside the Netherlands whose life is affected by the law, which until now was not readily accessible. This work, thanks to the translation of the rules of private international law in the field of inheritance law, also provides lawyers, civil servants and consular officers with insight into the applicable rules in international cases. The Europeanisation of civil law necessitates that the ultramodern Dutch inheritance law is readily accessible. This work will give scholars and professional practitioners not able to speak Dutch an opportunity to take cognizance of this important field of law. It is hoped that it will further contribute to the development of an international legal discourse on the development of inheritance law in other jurisdictions, whilst allowing the comparison with the law as in force in the Netherlands on the 1st January 2005. ISBN 90-5095-444-8 | 108 pages | €28.00 (€23.80 series subscription price). To order this book click here.

    7. Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses
    Katharina Boele-Woelki, Frédérique Ferrand, Cristina González Beilfuss, Maarit Jänterä-Jareborg, Nigel Lowe, Dieter Martiny and Walter Pintens

    Three years after its establishment the CEFL presents its first Principles of European Family Law in the field of divorce and maintenance between former spouses. The Principles aim to bestow the most suitable means for the harmonisation of family laws in Europe. In this respect they may serve as a frame of reference for national, European and international legislatures alike. The Principles could considerably facilitate their task not only by virtue of the fact that the CEFL's in-depth and comprehensive comparative research is easily accesible but also because most of the rules have been drafted in a way legislatures normally consider to be appropriate.

    ISBN 90-5095-426-x | 170 pages | €30.00 (€25.50 series subscription price). To order this book click here.

    6. Indépendance et interdépendance des époux dans le régime matrimonial légal des droits français, néerlandais et suisse
    Bente Braat

    Ce livre sattache à comparer le régime matrimonial légal des droits néerlandais (actuel et celui envisagé par le projet de loi), français et suisse ainsi que certaines règles du régime matrimonial primaire. Il se donne pour but de dégager non seulement un éventuel common core des trois législations étudiées mais également, notamment si celui-ci fait défaut, de déterminer la solution législative préférable. Les convergences et les divergences constatées sont ainsi soumises à une évaluation au moyen du critère du meilleur équilibre possible entre indépendance et interdépendance des époux. Par cette recherche, lauteur espère fournir quelques inspirations pour ce qui, à lavenir, pourrait constituer un régime matrimonial conventionnel européen.

    ISBN 37-2722-164-x | 400 pages | €69.70 (€59.25 series subscription price). To order this book click here.

    5. Family Law Legislation of the Netherlands
    Ian Sumner and Hans Warendorf

    With the Netherlands being the first country in the world to open civil marriage to same-sex couples, there has never been a better time to publish the first ever complete English translation of Dutch family law. This book gives the reader, academic and professional practitioner alike, an opportunity to take cognizance of this important field of law. Both the publisher and the translators hope that this book will find its way into the hands of the large number of non-Dutch speaking persons living in the Netherlands whose life is affected by the law, which until now was not readily accessible. This work, thanks to the translation of the rules of Private International Law in the field of family law, also 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 develop-ment of family law in other jurisdictions, whilst allowing the comparison with the law as in force in the Netherlands on the 1st October 2003.

    ISBN 90-5095-340-9 | 260 pages | €48.00 (€40.80 series subscription price). To order this book click here. For more detailed information click here.

    4. Perspectives for the Unification and Harmonisation of Family Law in Europe
    Edited by Katharina Boele-Woelki (ed.)

    For the first time in European history, a truly international conference devoted to the perspectives for the unification and harmonisation of family law in Europe took place in Utrecht from 11th - 14th December 2002. The contributions to this conference, which was organised under the auspices of the Commission on European Family Law (CEFL), are compiled in this book. Is the unification and harmonisation of (international) family law in Europe necessary? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.

    ISBN 90-5095-287-9| 573 pages | €92.00 (€78.20 series subscription price). To order this book click here. For more detailed information click here.

    3. European Family Law in Action - Volume II: Maintenance Between Former Spouses
    Edited by Katharina Boele-Woelki, Bente Braat and Ian Sumner

    This volume contains detailed information concerning the grounds for divorce in twenty-two European legal systems. The expert members of the Commission on European Family Law prepared comprehnesive national reports on the basis of a detailed questionnaire on the grounds for divorce (EFL-series No. 2) and the maintenanace between former spouses. In addition to these national reports (which are also available on this website), this book integrates all the given answers in order to provide an overview and a straightforward simultaenous comparison of the different solutions chosen within the national systems. On the basis of this comparative material the CEFL will formulate Principles of European Family Law.

    ISBN 90-5095-296-8 | 466 pages | €75.00 (€63.75 series subscription price). To order this book click here.

    2. European Family Law in Action - Volume I: Grounds for Divorce
    Edited by Katharina Boele-Woelki, Bente Braat and Ian Sumner

    This volume contains detailed information concerning the grounds for divorce in twenty-two European legal systems. The expert members of the Commission on European Family Law prepared comprehnesive national reports on the basis of a detailed questionnaire on the grounds for divorce and the maintenanace between former spouses (EFL-series No. 3). In addition to these national reports (which are also available on this website), this book integrates all the given answers in order to provide an overview and a straightforward simultaenous comparison of the different solutions chosen within the national systems. On the basis of this comparative material the CEFL will formulate Principles of European Family Law.

    ISBN 90-5095-295-x | 466 pages | €75.00 (€63.75 series subscription price). To order this book click here.

    1. Legal Recognition of Same-Sex Couples in Europe
    Edited by Katharina Boele-Woelki and Angelika Fuchs

    The legal recognition of same-sex couples in Europe has undergone changes over the last few years. Following the Scandinavian model, many European countries have adopted statutes on registered partnerships or are currently debating draft legislation. The differences are bigger than one would expect at first sight. This book provides detailed information about the current state of affairs. The latest adopted statutes and draft legislation are included.

    ISBN 90-5095-297-6 | 324 pages | €64.50 (€54.80 series subscription price). To order this book click here. For more detailed information click here .