By Frederik Swennen
This quantity provides international and comparative views at the perpetual pendular stream of relatives legislation among prestige and agreement. It contributes to the topical educational debate on ‘family legislations exceptionalism’ through exploring the blurred traces among public legislations, inner most legislations and relatives legislations, and sheds gentle at the many colours of gray that exist. The contributions concentrate on either great and procedural relatives legislations on mom and dad and kids and on existence companions, with specific awareness for contractual preparations of family members formations and of clash solution. The speculation underlying all contributions was once the fashion in the direction of contractualisation of relations legislation. A convergent examine consequence because of the comparability of nationwide studies was once the ambivalent place of relatives legislation in criminal structures all over the world. That comparability indicates that, while kin legislations is obviously relocating in the direction of agreement with reference to previous kinfolk formations, the opposite is right for brand new kinfolk formations. The move in the direction of agreement isn't thought of to be contractualisation pur sang, with civil influence. The circulate in the direction of prestige, eventually, doesn't unavoidably witness ‘family legislation exceptionalism’ vis-`-vis inner most legislations, in view of the expanding country interventionism in deepest legislation family members commonly. In sum, because the quantity exhibits, the excessive permeability of the demarcations among the nation, the kinfolk and the industry impedes a categorial approach.
This quantity relies at the normal and chosen nationwide stories at the subject “Contractualisation of family members legislations” that have been offered on the XIXth foreign Congress of Comparative legislation in Vienna in July 2014.
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Example text
Also see Cameroon; Denmark; England & Wales; France; Italy; Québec. 26 F. 221 Restricting the money remedy to a fee-for-service calculation is inappropriate [ : : : ]. [I]t fails to reflect the reality of the lives of many domestic partners. 222 Secondly, some legal systems have introduced a default family law protection for cohabitants, which is either imperative,223 or organised on either an opt-in or (controlled) opt-out224 basis. 225 Interestingly, these cohabitation schemes are always based on “approximations of marriage”,226 even where not based on theories of common law marriage227 or their continental counterparts.
Conditions or clauses may also add substantive or formal conditions to entering into a formal relationship, for example the condition (not) to marry before reaching a certain age. 247 However, in the “external dimension”248 vis-à-vis the third party, the consequences of not respecting the conditions or clauses will differ. 249 Article 268 (1) Romanian Civil Code for example explicitly provides for the restitution of gifts made in consideration of a betrothal or subsequent marriage, in case the engagement is broken.
301 Three states in the USA have introduced forms of covenant marriage, which precludes the spouses from applying for divorce on certain grounds. The USA report however does not consider covenant marriage as a form of contractualisation. The 294 It is for example in Belgium; Croatia; Greece; Malaysia; Puerto Rico; Romania; Taiwan. 295 Brazil; Denmark; Romania; Taiwan; The Netherlands. 296 Denmark; Romania. Comp. Québec and The Netherlands with regard to the registered partnership. 297 Belgium; The Netherlands.
