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Marital Agreements and Private Autonomy in Comparative Perspective

Marital Agreements and Private Autonomy in Comparative Perspective Author Jens M Scherpe
ISBN-10 9781847318862
Release 2012-02-24
Pages 532
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This book deals with a subject that has recently been the focus of debate and law reform in many jurisdictions: how much scope should spouses have to conclude agreements concerning their financial affairs - and under what circumstances should such agreements be binding and enforceable? These marital agreements include pre-nuptial, post-nuptial and separation agreements. The book is the result of a British Academy-funded research project which investigated and compared the relevant law of England and Wales, Australia, Austria, Belgium, France, Germany, Ireland, the Netherlands, New Zealand, Scotland, Singapore, Spain, Sweden and the jurisdictions of the United States. In addition to chapters on these jurisdictions, the book includes a chapter on the 'English practitioner's view'. It also provides a comparative analysis of the different matrimonial property regimes and the rules on marital agreements that explores underlying themes and principlesand makes recommendations for regulating marital agreements. A key theme is the function and effect of marital agreements in the different jurisdictions. Thus, each chapter first explains the underlying 'default' rules for ancillary relief/matrimonial property and maintenance. It then analyses the current rules for marital agreements, and gives a brief account of the private international law rules. The book provides a comprehensive source of reference on ancillary relief/matrimonial property and maintenance and the rules on pre-nuptial, post-nuptial and separation agreements in 14 jurisdictions. It offers guidance for academics and practitioners dealing with international matters, and a basis for discussions on law reform. 'I applaud the vision and perseverance of Jens Scherpe in having conceived this book and, with so much distinguished help, in now bringing it to birth. I will be using it for many years and I warmly invite my fellow family lawyers across the world to do likewise.' Foreword by The Rt Hon Lord Wilson of Culworth, Justice of the Supreme Court of the United Kingdom



Marital Agreements and Private Autonomy in Comparative Perspective

Marital Agreements and Private Autonomy in Comparative Perspective Author Jens M Scherpe
ISBN-10 9781847318855
Release 2012-02-24
Pages 532
Download Link Click Here

This book deals with a subject that has recently been the focus of debate and law reform in many jurisdictions: how much scope should spouses have to conclude agreements concerning their financial affairs - and under what circumstances should such agreements be binding and enforceable? These marital agreements include pre-nuptial, post-nuptial and separation agreements. The book is the result of a British Academy-funded research project which investigated and compared the relevant law of England and Wales, Australia, Austria, Belgium, France, Germany, Ireland, the Netherlands, New Zealand, Scotland, Singapore, Spain, Sweden and the jurisdictions of the United States. In addition to chapters on these jurisdictions, the book includes a chapter on the 'English practitioner's view'. It also provides a comparative analysis of the different matrimonial property regimes and the rules on marital agreements that explores underlying themes and principlesand makes recommendations for regulating marital agreements. A key theme is the function and effect of marital agreements in the different jurisdictions. Thus, each chapter first explains the underlying 'default' rules for ancillary relief/matrimonial property and maintenance. It then analyses the current rules for marital agreements, and gives a brief account of the private international law rules. The book provides a comprehensive source of reference on ancillary relief/matrimonial property and maintenance and the rules on pre-nuptial, post-nuptial and separation agreements in 14 jurisdictions. It offers guidance for academics and practitioners dealing with international matters, and a basis for discussions on law reform. 'I applaud the vision and perseverance of Jens Scherpe in having conceived this book and, with so much distinguished help, in now bringing it to birth. I will be using it for many years and I warmly invite my fellow family lawyers across the world to do likewise.' Foreword by The Rt Hon Lord Wilson of Culworth, Justice of the Supreme Court of the United Kingdom



Marital Agreements and Private Autonomy in Comparative Perspective

Marital Agreements and Private Autonomy in Comparative Perspective Author Jens M. Scherpe
ISBN-10 1849460124
Release 2012
Pages 518
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This book deals with a subject that has recently been the focus of debate and law reform in many jurisdictions: how much scope should spouses have to conclude agreements concerning their financial affairs - and under what circumstances should such agreements be binding and enforceable? These marital agreements include pre-nuptial, post-nuptial and separation agreements.The book is the result of a British Academy-funded research project which investigated and compared the relevant law of England and Wales, Australia, Austria, Belgium, France, Germany, Ireland, the Netherlands, New Zealand, Scotland, Singapore, Spain, Sweden and the jurisdictions of the United States. In addition to chapters on these jurisdictions, the book includes a chapter on the 'English practitioner's view'. It also provides a comparative analysis of the different matrimonial property regimes and the rules on marital agreements that explores underlying themes and principlesand makes recommendations for regulating marital agreements.A key theme is the function and effect of marital agreements in the different jurisdictions. Thus, each chapter first explains the underlying 'default' rules for ancillary relief/matrimonial property and maintenance. It then analyses the current rules for marital agreements, and gives a brief account of the private international law rules.The book provides a comprehensive source of reference on ancillary relief/matrimonial property and maintenance and the rules on pre-nuptial, post-nuptial and separation agreements in 14 jurisdictions. It offers guidance for academics and practitioners dealing with international matters, and a basis for discussions on law reform.'I applaud the vision and perseverance of Jens Scherpe in having conceived this book and, with so much distinguished help, in now bringing it to birth. I will be using it for many years and I warmly invite my fellow family lawyers across the world to do likewise.'Foreword by The Rt Hon Lord Wilson of Culworth, Justice of the Supreme Court of the United Kingdom



Prenuptial Agreements and the Presumption of Free Choice

Prenuptial Agreements and the Presumption of Free Choice Author Sharon Thompson
ISBN-10 9781782255598
Release 2015-08-27
Pages 200
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This book provides an alternative perspective on an issue fraught with difficulty – the enforcement of prenuptial agreements. Such agreements are enforced because the law acknowledges the rights of spouses to make autonomous decisions about the division of their property on divorce. Yet this book demonstrates that, in the attempt to promote autonomy, other issues, such as imbalance of power between the parties, become obscured. This book offers an academic and practical analysis of the real impact of prenuptial agreements on the relationships of those involved. Using a feminist and contractual theoretical framework, it attempts to produce a more nuanced understanding of the autonomy exercised by parties entering into prenuptial agreements. This book also draws on an empirical study of the experiences and views of practitioners skilled in the formation and litigation of prenuptial agreements in New York. Lastly, it explores how the court might address concerns regarding power and autonomy during the drafting and enforcement processes of prenuptial agreements, which in turn may enhance the role that 'prenups' can play in the judicial allocation of spousal property on the breakdown of marriage.



Contractualisation of Family Law Global Perspectives

Contractualisation of Family Law   Global Perspectives Author Frederik Swennen
ISBN-10 9783319172293
Release 2015-07-06
Pages 372
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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-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.



The Present and Future of European Family Law

The Present and Future of European Family Law Author Jens M. Scherpe
ISBN-10 9781785363078
Release 2016-01-29
Pages 192
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The Present and Future of European Family Law explores the essence of European family law – and what its future may be. It compares and analyses 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.



Lawyers and Mediators

Lawyers and Mediators Author Mavis Maclean
ISBN-10 9781509904846
Release 2016-02-25
Pages 176
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Do lawyers make matters worse, or do they provide information, advice and support which can help to prevent disputes arising or manage them when they do? Do mediators enable parties to communicate and reach agreements tailor-made to their needs? Or working outside the legal framework, do they find it difficult to protect weaker parties and access expert advice? What happens when lawyers become mediators? This book will describe the structure of service provision and the day-to-day work of lawyers, mediators, and lawyer mediators, drawing on empirical work carried out between 2013 and 2015 immediately after the recent changes to the management of divorce and separation within the family justice system. The reduction in legal aided help in 2013 and the failure of mediation to fill the gap in 2014?15 have given rise to a difficult debate. This book aims to provide an account of some of the practical effects of these policies through a description of the daily work of practitioners in the sector. It raises the question of whether we need to choose between traditional legal services and the new processes of private ordering or whether intermediate positions might be possible.



Local Government in the Member States of the European Union A Comparative Legal Perspective

Local Government in the Member States of the European Union  A Comparative Legal Perspective Author Ángel Manuel Moreno
ISBN-10 9788473514187
Release 2012
Pages 682
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Obra de referencia en cuanto al análisis de la administración local, en el marco de los países de la Unión europea, tratado por los principales especialistas en la materia. Contenido: Capítulo 1. Local government in Austria // Capítulo 2. Local government in Belgium // Capítulo 3. Local government in Bulgaria // Capítulo 4. Local government in Cyprus // Capítulo 5.Local Government in Czech Republic // Capítulo 6. Local government in Denmark // Capítulo 7. Local Government in Estonia // Capítulo 8. Local government in Finland // Capítulo 9. Local Government in France // Capítulo 10. Local government in Germany // Capítulo 11. Local government in Greece // Capítulo 24. Local government in Slovenia // Capítulo 25. Local government in Spain // Capítulo 26. Local government in Sweden // Capítulo 27. Local government in Uk.



Encyclopedia of Private International Law

Encyclopedia of Private International Law Author Jürgen Basedow
ISBN-10 1782547223
Release 2017-09-29
Pages 2500
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The Encyclopedia of Private International Law quite simply represents the definitive reference work in the field. Bringing together 195 authors from 57 countries the Encyclopedia sheds light on the current state of Private International Law around the globe, providing unique insights into the discipline and how it is affected by globalization and increased regional integration.The role and character of Private International Law has changed tremendously over the past decades. With the steady increase of global and regional inter-connectedness the practical significance of the discipline has grown. And so has the number of legislative activities on the national, international and, most importantly, the European level.The Encyclopedia is a rich and varied resource in four volumes. The first two volumes provide comprehensive coverage of topical aspects of Private International Law in the form of 247 alphabetically arranged entries. The third volume provides insightful detail on the national Private International Law regimes of 80 different countries. The fourth volume presents invaluable, and often unique, English language translations of the national codifications and provisions of Private International Law in those countries.Key Features:* 247 substantive entries* 80 national reports* Entries organized alphabetically for ease of navigation * Fully cross-referenced* Entries written by the world's foremost scholars of Private International Law* National codifications in English collected together into a single volume for quick reference* World class editor team.



Local Knowledge

Local Knowledge Author Clifford Geertz
ISBN-10 0786723750
Release 2008-08-04
Pages 464
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In essays covering everything from art and common sense to charisma and constructions of the self, the eminent cultural anthropologist and author of The Interpretation of Cultures deepens our understanding of human societies through the intimacies of "local knowledge." A companion volume to The Interpretation of Cultures, this book continues Geertz’s exploration of the meaning of culture and the importance of shared cultural symbolism. With a new introduction by the author.



Perspectives for the Unification and Harmonisation of Family Law in Europe

Perspectives for the Unification and Harmonisation of Family Law in Europe Author Katharina Boele-Woelki
ISBN-10 9789050952873
Release 2003
Pages 573
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Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.



Constitutionalisation of Private Law

Constitutionalisation of Private Law Author Thomas Barkhuysen
ISBN-10 9789004148529
Release 2006
Pages 133
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This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.



European Family Law

European Family Law Author Jens M. Scherpe
ISBN-10 1785362984
Release 2016
Pages
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European Family Law has been writing in one form or another for most of life. You can find so many inspiration from European Family Law also informative, and entertaining. Click DOWNLOAD or Read Online button to get full European Family Law book for free.



Dynamics of Contention

Dynamics of Contention Author Doug McAdam
ISBN-10 0521011876
Release 2001-09-10
Pages 387
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Dissatisfied with the compartmentalization of studies concerning strikes, wars, revolutions, social movements, and other forms of political struggle, McAdam, Tarrow, and Tilly identify causal mechanisms and processes that recur across a wide range of contentious politics. Critical of the static, single-actor models (including their own) that have prevailed in the field, they shift the focus of analysis to dynamic interaction. Doubtful that large, complex series of events such as revolutions and social movements conform to general laws, they break events into smaller episodes, then identify recurrent mechanisms and proceses within them. Dynamics of Contention examines and compares eighteen contentious episodes drawn from many different parts of the world since the French Revolution, probing them for consequential and widely applicable mechanisms, for example, brokerage, category formation, and elite defection. The episodes range from nineteenth-century nationalist movements to contemporary Muslim-Hindu conflict to the Tiananmen crisis of 1989 to disintegration of the Soviet Union. The authors spell out the implications of their approach for explanation of revolutions, nationalism, and democratization, then lay out a more general program for study of contentious episodes wherever and whenever they occur.



Comparative Perspectives on Work Life Balance and Gender Equality

Comparative Perspectives on Work Life Balance and Gender Equality Author Margaret O'Brien
ISBN-10 9783319429700
Release 2016-12-06
Pages 266
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This book is open access under a CC BY-NC 2.5 license. This book portrays men’s experiences of home alone leave and how it affects their lives and family gender roles in different policy contexts and explores how this unique parental leave design is implemented in these contrasting policy regimes. The book brings together three major theoretical strands: social policy, in particular the literature on comparative leave policy developments; family and gender studies, in particular the analysis of gendered divisions of work and care and recent shifts in parenting and work-family balance; critical studies of men and masculinities, with a specific focus on fathers and fathering in contemporary western societies and life-courses. Drawing on empirical data from in-depth interviews with fathers across eleven countries, the book shows that the experiences and social processes associated with fathers’ home alone leave involve a diversity of trends, revealing both innovations and absence of change, including pluralization as well as the constraining influence of policy, gender, and social context. As a theoretical and empirical book it raises important issues on modernization of the life course and the family in contemporary societies. The book will be of particular interest to scholars in comparing western societies and welfare states as well as to scholars seeking to understand changing work-life policies and family life in societies with different social and historical pathways.



Family Law and Culture in Europe

Family Law and Culture in Europe Author Werner Gephart
ISBN-10 1780681593
Release 2014-06-30
Pages 380
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Proceedings of the fifth conference of the Commission on European Family Law on "Family Law and Culture in Europe: Developments, Challenges and Opportunities" held in Bonn, Germany in August of 2013.



Common Core and Better Law in European Family Law

Common Core and Better Law in European Family Law Author Katharina Boele-Woelki
ISBN-10 9789050954754
Release 2005
Pages 372
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This volume contains twenty-three contributions delivered at the CEFLâ??s second international conference which took place in Utrecht in December 2004. The interventions written by both experienced family experts as well as young researchers cover those fields of family law that are closely related to the activities of the CEFL: (1) divorce and maintenance between former spouses, (2) parental responsibilities, (3) informal long-term relationships and (4) the revised Brussels II Regulation. Furthermore, the opening two contributions deal not only with essential aspects of the harmonisation process of family law in Europe but also with the CEFLâ??s working method.