Titlebook: Contractualisation of Family Law - Global Perspectives; Frederik Swennen Book 2015 Springer International Publishing Switzerland 2015 Auto

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清澈

Private Ordering in Family Law: A Global Perspective,es family law exceptionalism vis-à-vis private law. States indeed increasingly intervene in private law relations in general. In sum, the high permeability of the demarcations between the State, the family and the market impedes a categorial approach – which may be a desirable outcome all in all.

Callus

La Contractualisation des Relations Familiales au Burundi,tutory framework..In family proceedings, particularly divorce, the emphasis is put on the conciliation of the spouses by the family council which, moreover, generally still has a prominent role in family relationships..In sum, contractualisation of family law in Burundi is limited, for the imperativ

渐强

Shifting Scrutiny: Private Ordering in Family Matters in Common-Law Canada,s, balanced against certain controls. The overall observation is that efforts to protect vulnerable individuals and to assert the public interest in these common-law jurisdictions take the form of heightened scrutiny or review powers bearing on the products of private ordering, rather than the demar

Melanoma

,Contractualisation de l’Union de Fait et Institutionnalisation du Mariage: Choix Pour les Familles nto marriage or a civil union. The provisions of the Quebec Civil Code indeed distinctly treat couples depending on the type of union. Whereas the legislature imposes several imperative rules on spouses or registered partners, having regard to the public order, it does not on . cohabitants, having r

浮雕宝石

浮雕宝石

Contractualisation of Family Law in England & Wales: Autonomy vs Judicial Discretion,s ‘paramount’ consideration in matters concerning upbringing. Ironically, this leads to a situation where parties to an agreement cannot usually be sure of the true effect of that agreement until it is considered in the course of proceedings that it was often designed to avoid.

bile648

Towards a Negotiatory Ideal? Contractualization of Family Law in Finland,away from status-based and financial provisions, towards a negotiation-based model of regulating families. Such a model also emphasizes the best interests of the child, and presumes that divorcing spouses will reach an agreement and share parental responsibilities after divorce.

persistence

Contractualisation of Family Law in Ireland,lly the marital family. Such intervention is mandated to protect the rights of the parties, both in the course of the union, as well as upon the breakdown of the relationship, but at all times to make determinations that are in the best interests of the children.

消散

The Contractualisation of Family Law in Italy,creation, and a limited role under the Judge’s control in reference to others, like child custody. The role of freedom of contract in family matters is, generally speaking, very narrow although the wind is slowly changing. On the contrary, as far as the fundamental rights of family members are conce