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Juxtaposing Legal Systems and the Principles of European Family Law: Divorce and Maintenance

Paperback - 02 May 2007
Örücü, Esin (Editor)
Mair, Jane (Editor)
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The Commission on European Family Law published its "Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses" in 2004 as a contribution towards the establishment of a European Family Law. Only by empirical testing of the Principles in a number of legal systems can one demonstrate whether they are acceptable and/or are regarded as an improvement on existing national laws. This edited volume seeks to test the Principles in a range of legal systems, some already considered by the CEFL: France, Scandinavia, England, Scotland; some untested: Malta, Estonia, Lithuania and Turkey; and in so doing to assess these legal systems in view of the Principles, and the Principles in view of these legal systems. The final part of the volume is a comparative assessment of the findings, looking at the Principles first as harmonious ideals, and then as shortfalls in these ideals and at the obstacles to harmonisation.

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