Three years after its establishment the CEFL presents its first Principles of European Family Law in the field of divorce and maintenance between former spouses. The Principles aim to bestow the most suitable means for the harmonisation of family laws in Europe. In this respect they may serve as a frame of reference for national, European and international legislatures alike. The Principles could considerably facilitate their task not only by virtue of the fact that the CEFL's in-depth and comprehensive comparative research is easily accesible but also because most of the rules have been drafted in a way legislatures normally consider to be appropriate.

Professor Ewoud Hondius has been one of the most successful architects of comparative law research and education in The Netherlands. He has undertaken numerous efforts to advocate the unification and harmonisation of private law by means of comparative studies which during his career have been welcomed all over the world. His understanding of the law of many jurisdictions is exceptional and his global network is impressive. He is a great European legal scholar and an ambassador for Dutch law, as witnessed by the innumerable publications which he has authored. This book, in honour of Professor Ewoud Hondius, has been compiled in order to appropriately admire his inspiring contributions to the elaboration of European contract law. The general topic of The Future of European Contract Law has been divided into five themes, many of them coinciding with the special interests of the honoured scholar himself:
- European Contract Law: its Possibility, Feasibility and Desirability
- The Common Frame of Reference and the Principles of Contract Law
- The Europeanization of National Contract Law
- The Better Law Approach in European Contract Law
- Consumer Contracts in Europe
The wealth of material in this book contains a treasure of observations and visions on where contract law in Europe currently stands as well as on how it should develop in the future. A collection of outstanding authors have contributed to this book. As a result it represents the current legal scholarship in the field of European contract law and hence the book is bound to be of great value, not only to academics, but also to lawyers involved in cross-border practice such as international business andconsumer transactions.

On 22 to 28 July 2018 the International Academy of Comparative Law organized its 20th General Congress in Fukuoka Japan. The General Congresses of the Academy are held every four years and address from a comparative perspective a multitude of topics that appear particularly relevant in our contemporary society. This book gathers a selection of the general contributions to the 20th General Congress dealing with current issues in Comparative Law. This is a premiere for the Academy. It seemed important for the Executive Committee to have access to the general contributions offered during the General Congress which certainly deserve the same attention as the General Reports. Du 22 au 28 juillet 2018 l'Academie internationale de droit compare a organise son 20eme Congres general a Fukuoka au Japon. Les congres generaux de l'Academie se tiennent tous les quatre ans et abordent dans une perspective comparative une multitude de sujets qui apparaissent particulierement pertinents dans notre societe contemporaine. Ce livre rassemble une selection des contributions generales du 20eme Congres general qui traitent des questions actuelles du droit compare. Il s'agit d'une premiere pour l'Academie. Il est apparu important pour le Bureau de pouvoir avoir acces aux contributions generales offertes pendant le Congres general et qui meritent assurement la meme attention que les rapports generaux.

This book is published by the International Academy of Comparative Law to honor five great comparatists: Jean-Louis Baudouin from Canada, Xavier Blanc-Jouvan from France, Mary Ann Glendon from the United States of America, Hein Koetz from Germany, and Rodolfo Sacco from Italy. The five great minds present their thoughts on the past, the present and future of comparative law and in doing so they particularly focus on the future of the International Academy of Comparative Law, comparative law methodology and the teaching of comparative law. The book is essential reading for researchers and academics wanting to know what these respected legal scholars have contributed to comparative law, how they differ and when and why they excelled. Moreover, the views presented suggest how the role of the Academy can be developed in order to deal with the current challenges of comparative law. Ce livre est publie par l'Academie internationale de droit compare en l'honneur de cinq grands comparatistes : Jean-Louis Baudouin du Canada, Xavier Blanc-Jouvan de France, Mary Ann Glendon des Etats-Unis, Hein Koetz d'Allemagne et Rodolfo Sacco d'Italie. Ces cinq grands esprits offrent leurs reflexions sur le passe, le present et le futur du droit compare et, ce faisant, se concentrent particulierement sur l'avenir de l'Academie internationale de droit compare, la methodologie ainsi que l'enseignement du droit compare. Ce livre est une lecture essentielle pour les chercheurs et les universitaires qui s'interessent aux contributions au droit compare de ces juristes respectes, la maniere dont ils different et quand et pourquoi ils ont excelle. De plus, les points de vue presentes suggerent comment le role de l'Academie peut etre developpe pour faire face aux defis actuels du droit compare.

This book contains contributions from the third Commission on European Family Law (CEFL) conference which took place in Oslo in June 2007. The general topic, 'European Challenges in Contemporary Family Law, ' has been divided into five themes: The Harmonization of Family Law --- Children and Their Parents --- Irregular Marriages and the Influence of Multiculturalism --- (Property) Relations between Spouses and Cohabitants --- Cross-Border Family Relationships. These issues are, in different ways, related to the remarkable change in family life that has taken place in Europe in the last three or four decades. European family law has experienced, in a profound and deep way, social and demographic changes in this short period of time. Just a few of the important recent developments include: an explosion in the divorce rates and extramarital cohabitation and the resulting increase in the number of children born out of wedlock --- women joining the paid work force en masse, influencing, among other things, parental roles and property relations among partners --- new techniques in artificial insemination --- the growing social acceptance of same-sex relationships

This volume contains articles on three areas of family law that, at the dawn of the 21st century, have provoked passionate discussion. The topics of concern include: (compulsory) arrangements regarding children, registration schemes for same-sex couples (new jurisdictions), and the effectiveness of the pater est rule. The book's contributions are preceded by two introductory articles. The historical introduction addresses the 'cultural constraints argument' which, according to a few legal scholars, prevents both spontaneous and deliberate harmonization of family law. Is family law indeed embedded in unique national (legal) culture? What lessons can be learned from the past? The methodological introduction proffers some general ideas as to how comparative family law is perceived and what it should entail whereby a comparison is made between more recent developments in Europe and the United States.

This volume contains the contributions delivered at CEFL's fifth international conference. It focuses on comparative and international family law in Europe in their respective cultural contexts. The interventions address the new Principles of European Family Law regarding Property Relations between Spouses, the proposed EU private international law regulations for spouses and registered partners for international couples and their property relations, the laws of a growing number of countries which legislate non-formalized relationships and the new developments regarding social, biological and legal parentage.

The Principles of European Family Law drafted by the Commission on European Family Law (CEFL) contain models which may be used for the harmonization of family law in Europe. This book contains the Principles regarding Property Relations between Spouses. In these Principles, the CEFL has developed an all-inclusive set of rules for two matrimonial property regimes: the participiation in acquisitions and the community of acquistions. Both regimes have been put on an equal footing. Each matrimonial property regime, whether it functions as a default or as an optional regime is strongly connected with the rights and duties of the spouses and the possibility for them to make a marital property agreement. These issues have also been addressed by including two common Chapters on the General Rights and Duties of Spouses and on Marital Property Agreements which are to be applied regardless of which of the regimes applies.

Cyberspace, the electronic super-highway or the Internet, as it is most commonly known, is a globally-networked, computer-sustained, computer-accessed and computer-generated multidimensional virtual reality, the use of which is increasing at a tremendous rate. Although much has been written on the legal issues relating to this virtual reality, this book provides coverage of the private international aspects. The work aims to address two basic questions, namely, which court has jurisdiction and which law is to be applied when litigation arises from activity on the Internet? The book comprises seven key papers, presented at an international symposium organised by Utrecht University's Molengraaff Institute of Private Law and the Hague Conference on Private International Law, which was held in Utrecht in June 1997. The main topics covered include: the role of law in cyberspace; experiences in the field of intellectual property; can private international law provide order to the chaos?; problems concerning jurisdiction and applicable law; and conclusions and recommendations.

This book covers five areas of family property law in Europe: matrimonial property law, family contracts (issues of autonomy), the legal protection of older people, the freedom of testation and protection of family members, and the unification of private international law. All of these issues are highly relevant as Europe is at a key stage in its development with all societies experiencing broadly similar demographic trends and facing the social and legal policy challenges that accompany them. The increase in international mobility and multi-jurisdiction couples poses increased pressure to provide private international law solutions and prompts calls for substantive harmonization. The high divorce rate in many jurisdictions means that matrimonial property and maintenance issues affect more families. Other social changes - such as an increased maternal labor market attachment - invite reconsideration of the basis for financial relief between spouses in divorce. All jurisdictions are also experiencing growth in cohabitation and extra-marital births. In short, family structures are becoming more complex. This raises questions concerning the division of property, both on separation or following death, where the appropriate priority among the diverse range of surviving family members needs to be resolved. Moreover, as fertility rates decline and populations age, increasing numbers of older people require costly personal and medical care, prompting a new set of questions for law and society to resolve. These issues are discussed throughout the book. (Series: European Family Law - Vol. 29)

The Principles of European Family Law which are drafted by the CEFL are aimed at contributing to the harmonisation of family law in Europe. They may thus be used as a frame of reference. The first set of Principles in the field of Divorce and Maintenance Between Former Spouses was launched in 2004. This book contains the Principles Regarding Parental Responsibilities. In these Principles, the CEFL has developed a comprehensive and original set of rules in the field of parental responsibilities based on respect for the rights of the child, non-discrimination and, as far as possible, self-determination. In their provisions on specific issues the Principles opt for solutions which seem to be workable and shall avoid unnecessary hardship and disputes.

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.

This book explores convergences of legal doctrine despite jurisdictional, cultural and political barriers, as well as divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading experts from all continents, its 26 chapters present a comparative analysis of cutting-edge legal issues of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. Several of the chapters show how, in addition to state normative production and state adjudication, a growing panoply of non-state instruments and non-state adjudication are becoming more and more central to the legal field. This book is a key addition to the library of any scholar wanting to keep abreast of the major trends in contemporary law. Representing the current state of law in a vast range of areas, it covers each topic from a comparative perspective. Cet ouvrage, en examinant des sujets d'une importance vitale pour les juristes contemporains, traite des convergences de la doctrine juridique malgre les barrieres juridictionnelles, culturelles et politiques ainsi que des divergences dues a ces barrieres. Ecrits par d'eminents universitaires de tous les continents, ses 26 chapitres presentent une analyse comparative de sujets juridiques majeurs du 21e siecle. Dans un monde technologiquement avance, bien que chaque pays analyse dans cet ouvrage demeure autonome en tant qu'Etat souverain, l'ensemble des systemes disparates presente neanmoins des strategies comparables pour traiter des questions juridiques complexes. En outre, plusieurs chapitres montrent comment, en plus de la production normative et de la resolution des differends etatiques, la panoplie croissante de differents types d'instruments non etatiques et de resolution non etatique des differends devient de plus en plus centrale dans la sphere juridique. Cet ouvrage est un ajout essentiel a la bibliotheque de tout universitaire souhaitant se tenir au courant des principales tendances du droit contemporain. Il couvre un vaste domaine de sujets traites d'un point de vue comparatif et represente l'etat actuel du droit dans chaque domaine.

On 22 to 28 July 2018 the International Academy of Comparative Law organized its 20th General Congress in Fukuoka Japan. The General Congresses of the Academy are held every four years and address from a comparative perspective a multitude of topics that appear particularly relevant in our contemporary society. This book gathers a selection of the general contributions to the 20th General Congress dealing with current issues in Comparative Law. This is a premiere for the Academy. It seemed important for the Executive Committee to have access to the general contributions offered during the General Congress which certainly deserve the same attention as the General Reports. Du 22 au 28 juillet 2018 l'Academie internationale de droit compare a organise son 20eme Congres general a Fukuoka au Japon. Les congres generaux de l'Academie se tiennent tous les quatre ans et abordent dans une perspective comparative une multitude de sujets qui apparaissent particulierement pertinents dans notre societe contemporaine. Ce livre rassemble une selection des contributions generales du 20eme Congres general qui traitent des questions actuelles du droit compare. Il s'agit d'une premiere pour l'Academie. Il est apparu important pour le Bureau de pouvoir avoir acces aux contributions generales offertes pendant le Congres general et qui meritent assurement la meme attention que les rapports generaux.

Le 16 mai 2022, l'Acadmie internationale de droit compar a, pour la seconde fois, rendu hommage cinq grand(e)s comparatistes. Prs de 200 personnes du monde entier ont assist l'vnement. Les noms des illustres comparatistes sont connus de tous ceux qui ont dj foul le magnifique terrain du droit compar : Ewoud Hondius des Pays-Bas, Esin rc de la Turquie et du Royaume-Uni, Vernon V Palmer des Etats-Unis dAmrique, Jorge Snchez Cordero du Mexique et Elisabeth Zoller de France. Pour loccasion, les grand(e)s comparatistes ont t invit(e)s donner leurs visions sur les dfis contemporains de l'enseignement du droit compar. Cet ouvrage contient les diffrents loges prononcs en lhonneur des cinq comparatistes ainsi que leur contribution la table ronde.Avec laudatios par Sue Farran (Royaume-Uni), Mariachiara Malaguti (Italie), Wanda Mastor (France), Jol Monger (France) et Barbara Pozzo (Italie).On 16 May 2022, the International Academy of Comparative Law paid tribute, for the second time, to five great comparatists. Almost 200 people from all around the world attended the event. The names of the outstanding comparatists are well known by anyone who has ever set foot in the magnificent field of comparative law: Ewoud Hondius from the Netherlands, Esin rc from Turkey and the United Kingdom, Vernon V Palmer from the United States, Jorge Snchez Cordero from Mexico and Elisabeth Zoller from France. On this occasion, they were asked to give their visions about the contemporary challenges of the teaching of comparative law. This book contains the laudation speeches for the five comparatists as well as their final contributions in the roundtable.With laudatios by Sue Farran (the United Kingdom), Mariachiara Malaguti (Italy), Wanda Mastor (France), Jol Monger (France) and Barbara Pozzo (Italy).