Contractualisation of Family Law - Global Perspectives

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...

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Tác giả chính: Swennen, Frederik
Định dạng: Sách
Ngôn ngữ:English
Được phát hành: Springer 2015
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Truy cập trực tuyến:https://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/58830
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Thư viện lưu trữ: Thư viện Trường Đại học Đà Lạt
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spelling oai:scholar.dlu.edu.vn:DLU123456789-588302023-11-11T06:23:14Z Contractualisation of Family Law - Global Perspectives Swennen, Frederik Domestic relations comparative law Regulatory Practice Administrative Law 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. 2015-10-15T01:47:15Z 2015-10-15T01:47:15Z 2015 Book 978-3-319-17229-3 978-3-319-17228-6 https://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/58830 en application/pdf Springer
institution Thư viện Trường Đại học Đà Lạt
collection Thư viện số
language English
topic Domestic relations
comparative law
Regulatory Practice
Administrative Law
spellingShingle Domestic relations
comparative law
Regulatory Practice
Administrative Law
Swennen, Frederik
Contractualisation of Family Law - Global Perspectives
description 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.
format Book
author Swennen, Frederik
author_facet Swennen, Frederik
author_sort Swennen, Frederik
title Contractualisation of Family Law - Global Perspectives
title_short Contractualisation of Family Law - Global Perspectives
title_full Contractualisation of Family Law - Global Perspectives
title_fullStr Contractualisation of Family Law - Global Perspectives
title_full_unstemmed Contractualisation of Family Law - Global Perspectives
title_sort contractualisation of family law - global perspectives
publisher Springer
publishDate 2015
url https://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/58830
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