Overview
- Provides Global Perspectives on Postmodern Family Law
- Analyses Live Topics on Parenthood & Partnership
- Offers insight in Family Proceedings and Alternative Dispute Resolution
- Unique Comparisons between Contract Law and Family Law
- Includes supplementary material: sn.pub/extras
Part of the book series: Ius Comparatum - Global Studies in Comparative Law (GSCL, volume 4)
Access this book
Tax calculation will be finalised at checkout
Other ways to access
Table of contents (16 chapters)
-
Front Matter
-
Back Matter
Keywords
- Autonomy and Private Ordering in Family Law
- Autonomy in the New Family
- Constitutionalisation of Private Law
- Contract Law
- Contracts in Family Law
- Contractualisation of Family Law
- Contractualisation of Family Law in the United States
- Contractualisation or Individualisation of Family Law
- Family Proceedings
- Private Ordering in Family Law
- Trends in the Contractualization of Family Law
About this book
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.
Editors and Affiliations
Bibliographic Information
Book Title: Contractualisation of Family Law - Global Perspectives
Editors: Frederik Swennen
Series Title: Ius Comparatum - Global Studies in Comparative Law
DOI: https://doi.org/10.1007/978-3-319-17229-3
Publisher: Springer Cham
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2015
Hardcover ISBN: 978-3-319-17228-6Published: 16 July 2015
Softcover ISBN: 978-3-319-36827-6Published: 15 October 2016
eBook ISBN: 978-3-319-17229-3Published: 06 July 2015
Series ISSN: 2214-6881
Series E-ISSN: 2214-689X
Edition Number: 1
Number of Pages: XI, 372
Number of Illustrations: 2 b/w illustrations
Topics: Private International Law, International & Foreign Law, Comparative Law , Family, Civil Law, Sociology of Family, Youth and Aging