文档介绍:THE ROAD TOWARDS A EUROPEAN FAMILY LAW The author wishes to thank Gert Steenhoff, Gerard-René de Groot and Patrick Senaeve.
Katharina Boele-Woelki (Utrecht University)
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Abstract
In this contribution a plea is made for fundamental academic research into the convergence of family law legislation within the EU Member States by means of the development and formulation of European norms on the basis parative law and treaty standards. After a brief stocktaking of the literature on European family law, both within and outside herlands (section 1), an indication is given of the path that may be taken in order to attain a European family law (section 2) and the role such a European family law would play (section 3). Finally, it is indicated in which areas of family law research may be undertaken in order to determine and/or promote family law legislation within Europe.
Contents
Introduction
1. Interest in a European family law
Activities of academics
Activities of the Council of Europe
2 The road towards a European family law
3. The usefulness of a European family law
4. The subject matter and method of research
The influence of European norms on national family law in Europe
The property law aspects of marriage and divorce
The property law aspects of cohabitation outside marriage
The rights of minors
The protection of minors
Concluding remarks
Introduction
For many years in Europe there has been discussion about the existence or non-existence and, as the case may be, the origin of European private law. The realisation of a European law of contrac