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Contractualisation of Family Law - Global Perspectives (Hardcover, 1st ed. 2015)
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Contractualisation of Family Law - Global Perspectives (Hardcover, 1st ed. 2015)
Series: Ius Comparatum - Global Studies in Comparative Law, 4
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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-a-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.
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