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Contractualisation of Family Law - Global Perspectives

  • Frederik Swennen

Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 4)

Table of contents

  1. Front Matter
    Pages i-xi
  2. Louise Crowley, Maebh Harding
    Pages 217-239
  3. Maria Rosaria Marella
    Pages 241-254
  4. Marieta Avram, Cristina Mihaela Nicolescu
    Pages 271-292
  5. Carlos Martínez de Aguirre Aldaz
    Pages 293-310
  6. Katharina Boele-Woelki, Merel Jonker
    Pages 311-331
  7. Adrienne Hunter Jules, Fernanda G. Nicola
    Pages 333-367
  8. Back Matter
    Pages 369-372

About this book

Introduction

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.

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

Editors and affiliations

  • Frederik Swennen
    • 1
  1. 1.Faculty of Law, Research Group Personal Rights & Property RightsUniversity of AntwerpAntwerpBelgium

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-319-17229-3
  • Copyright Information Springer International Publishing Switzerland 2015
  • Publisher Name Springer, Cham
  • eBook Packages Humanities, Social Sciences and Law
  • Print ISBN 978-3-319-17228-6
  • Online ISBN 978-3-319-17229-3
  • Series Print ISSN 2214-6881
  • Series Online ISSN 2214-689X
  • Buy this book on publisher's site
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