The Future of Family Property in Europe

1. Auflage 2011
ISBN: 978-94-000-0054-4
Verlag: Intersentia Publishers

Buch, Englisch, 434 Seiten, Format (B × H): 160 mm x 240 mm, Gewicht: 680 g

Reihe: European Family Law

This book covers five areas of family property law in Europe:

- Matrimonial Property Law in Europe,
- Family Contracts – Issues of Autonomy,
- Protection of Older People in Law,
- Freedom of Testation and Protection of Family Members, and
- 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 both increased pressure to provide private international law solutions, and prompts calls for substantive harmonisation. The high divorce rate in many jurisdictions means that matrimonial property and maintenance issues affect more families. Other social changes, such as increased maternal labour market attachment, invite reconsideration of the basis for financial relief between spouses on 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 and on death, where the appropriate priority amongst 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, together addressing the broad question: what might be the future of family property law in Europe?

This book contains the papers presented at the fourth conference of the Commission for European Family Law, which took place in Cambridge, UK in April 2010.

About the book
‘Written in English, ‘The Future of Family Property in Europe’ is the 29th book of the Intersentia series in Family Law and benefits from well-expressed arguments, clarity and thoughtfulness throughout. [For the library it is essential if the institution purports to deal in legal matters European. Would I recommend it? Oh yes, indeed I would.’
Penny Booth in 2011 European Family Law

‘This is a worthwhile read. [The book] starts with a brilliantly written contribution from Lord Justice Thorpe […].’
Dieter Henrich in Zeitschrift für das gesamte Familienrecht (FamRZ) 2012, 1463

Autoren/Hrsg.

Weitere Mitwirkende

Boele-Woelki, Katharina

Miles, Joanna K.

Scherpe, Jens

Über Autor(innen)

Boele-Woelki, Katharina
Katharina Boele-Woelki is Professor of Private International Law, Comparative Law and Family Law at Utrecht University, The Netherlands and Extraordinary Professor at the University of the Western Cape, South-Africa. Since 2001 she has been the chair of the Commission on European Family Law which was established upon her initiative.  She is president of the Dutch Association of Family Law, member of the board of the Dutch Association of Comparative Law, and member of several editorial boards of Dutch and European and South-African law journals. She is also a member of various associations, such as the Deutsche Gesellschaft für Völkerrecht as well as the Wissenschaftliche Vereinigung für Familienrecht. Since 2003 she has been one of the editors of the European Family Law Series. In 2007 she established the Utrecht Centre for European Research into Family Law (UCERF). She is a titular member of the International Academy of Comparative Law. She has organized prestigious international conferences, delivered numerous guest lectures at various universities around the world and has acted as a reporter, speaker, expert and panel member in many international conferences. In 2011 she has been awarded an honorary doctorate from the University of Uppsala. In 2012 she has received the Anneliese Maier Forschungspreis of the Alexander von Humboldt Stiftung (Germany) for her work in the field of international and European family law. In 2013 she has been elected member of the International Advisory Board of the Alexander von Humboldt Stiftung. In 2014 she had been elected President of the International Academy of Comparative Law. 

Since 2015 she is taking on a new position as president of the Bucerius Law School.

Scherpe, Jens
JENS M. SCHERPE is Professor of Comparative Law at Aalborg University. Until August 2022, he was Professor of Comparative Law at the University of Cambridge and the Director of Cambridge Family Law. He is an Emeritus Fellow of Gonville and Caius College and the Editor of the International Journal of Law, Policy and the Family (IJLPF). His publications include major comparative studies on Marital Agreements and Private Autonomy in Comparative Perspective (2012), The Legal Status of Transsexual and Transgender Persons (2015), The Future of Registered Partnerships – Family Recognition Beyond Marriage? (2017, with Andy Hayward), The Legal Status of Intersex Persons (with Anatol Dutta and Tobias Helms, 2018) and Eastern and Western Perspectives on Surrogacy (with Claire Fenton-Glynn and Terry Kaan, 2019). In 2016 he also edited a four-volume book set on European Family Law, including a monograph on The Present and Future of European Family Law.