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This volume contains detailed information concerning the law on property relations between spouses (matrimonial property law) in 26 European jurisdictions. The expert members of the Commission on European Family Law (CEFL) have drafted national reports on the basis of a detailed questionnaire. This book integrates all the given answers in order to provide an overview and a straightforward 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 Property Relations between Spouses.
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 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. This book serves as a reference tool for all those who require information regarding the substantive law rules in the countries researched, as well as for those interested in the private international law aspects of these new forms of non-marital registered relationships.
With an increasing awareness of the international context of proceedings before English courts comes the potential for greater complexity and a corresponding need for practitioners to be aware of the international issues that might arise within proceedings. A missed step at any stage can lead to difficulties further down the line, the possibility of delay and potentially to a disadvantageous outcome for the client. Being able to identify, address and resolve such issues has never been more important, whether the case concerns contact, leave to remove, child abduction or public law issues. This title aims to provide practitioners in all areas with the information that they need to deal with international issues, in whatever context and whatever form they may arise, in all proceedings concerning children. Though the book focuses on Brussels IIa and the 1996 Hague Convention, it also provides an overview of the legislation and Regulations that support the operation of these two vital international instruments. The expert team of authors also identify the leading cases that assist in interpreting and applying their respective provisions and, where there are no authorities that deal directly with a particular area, identify and explain how practitioners can draw assistance from decided cases in other areas of law that address similar provisions within other international instruments.
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.
The enactment of Netherlands Antilles family law incorporated in the new Book 1 of the Netherlands Antilles Civil Code, in force since the 15th January 2001, will be of considerable interest for all residents of the Netherlands Antilles who all at some stage will be affected by this important part of the law. For the many persons for whom the Dutch language poses a problem, this English translation by lawyers who are also professional translators will prove especially helpful. Members of the Netherlands Antilles Bar, registrars, civil servants and others who have to advise on the modern legislation in this field and for scholars interested in this Book of the Civil Code will find this work an essential tool. This bi lingual edition is easy-to-use, which also enhances the accessibility of Netherlands Antilles family law. Mr Jan de Boer, a justice in the Joint Court of Appeal of the Netherlands Antilles and Aruba and a former Professor of Civil Law at Amsterdam University who played a prominent role in drafting this new legislation provides the reader with a sketch of the salient new provisions in his Introduction. This edition was made possible by a generous contribution of the Gibson & Associates lawfirm of Sint Maarten, Netherlands Antilles.
Against a backdrop of high rates of relationship breakdown among families with dependent children, the Netherlands and the UK have wanted to find ways to maintain the financial obligations of separated parents for their children. Both countries have been witness to a shift in focus from ex-spousal maintenance to child maintenance. Increasingly, child maintenance is the only surviving financial obligation of parental relationships post-separation, and it is believed that it can make an important contribution to the income of the household in which children live most of the time - that is, if it is paid. With this in mind, the obligation to pay child maintenance is of increasing importance to a growing number of families. It is, therefore, crucial that sufficient attention is paid to the methods for determining child maintenance, as well as the problems that arise in terms of non-payment. Yet, the UK and the Netherlands have faced similar problems, with their child maintenance systems failing and both having identified a need for further legislative action. This book examines the existing problems and discusses the potential solutions to this issue.
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