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The Present and Future of European Family Law (Hardcover)
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The Present and Future of European Family Law (Hardcover)
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As Britain's leading comparative Family Law scholar, Jens Scherpe
demonstrates his considerable knowledge and expertise in this, the
final book, in the series on European Family Law. Drawing on the
three earlier works in the series (of which he is the editor)
Scherpe starts by convincingly arguing that there is such a thing
as European Family Law and then examines the concept from different
perspectives, namely, institutional and organic, and horizontal,
vertical and individual European Family Law. He ends by speculating
about future developments. Written in an easy-to-read yet not
unchallenging style The Present and Future of European Family Law
is a 'must read' for all those interested in Family Law
particularly as the subject can no longer be sensibly studied
purely from a domestic angle.' - N.V. Lowe, Cardiff University,
UKThe Present and Future of European Family Law explores the
essence of European family law - and what its future may be. It
compares and analyzes existing laws and court decisions, identifies
trends in legislation and jurisprudence, and also forecasts (and in
some cases proposes) future developments. It establishes that while
there is, at present, no comprehensive European family law,
elements of an 'institutional European family law' have been
created through decisions by the European Court on Human Rights and
by the Court of Justice of the European Union as well as other EU
instruments. At the same time an 'organic European family law' is
beginning to emerge. The laws in many European jurisdictions have
developed similarly and have 'grown together', not only as a result
of the aforementioned institutional pressures, but also as a result
of societal developments, and comparable reactions to medical and
societal advances and changes. Hence there already is a body of
institutional and organic European family law, and it will continue
to grow. This book, and the others in the set, will serve as an
invaluable resource for anyone interested in family law. It will be
of particular use to students and scholars of comparative and
international family law, as well as family law practitioners.
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