Table of Contents

European Family Law Volume II

European Family Law Volume II

The Changing Concept of ‘Family’ and Challenges for Domestic Family Law

Edited by Jens M. Scherpe

This four-volume set maps the emerging European family law. It is intended to serve as a resource for anyone interested in this area of law, as well as a basis for teaching on comparative and international family law courses. The first volume examines the impact of institutions and organisations on European family law. While there is no European body that could actually legislate definitively on family law, there are some institutions that have a direct impact on European family law, while the impact of others is more indirect. In the second volume the changing concept of ‘family’ and challenges for domestic family law are analysed in 21 different jurisdictions, in 16 chapters. All contributions look at ‘horizontal’ family law (the law concerning the relationships between adults), ‘vertical’ family law (the law concerning the relationships of adults and children) as well an ‘individual’ family law (the law on names and gender identity). In the third volume the contributions take a comparative view on specific issues from a European perspective. The fourth volume, which works as a stand-alone monograph, draws on all of the previous chapters, and discusses the present and future of European family law. It establishes areas where ‘institutional’ European family law exists – in the sense that there are binding legal rules for all European jurisdictions – for example, as a result of a decision by the European Court of Human Rights. It also identifies areas where, as a result of common legal and social developments for ‘horizontal’, ‘vertical’ and ‘individual’ family law, an ‘organic’ European family law is emerging and suggests how family laws in Europe are going to develop in the future.

Introduction to European family law volume II: The changing concept of ‘family’ and challenges for domestic family law

Jens M. Scherpe

Subjects: law - academic, european law, family law


In this second volume the changing concept of ‘family’ and the current social, political, medical and scientific challenges for domestic family laws are discussed. For this a wide variety of European jurisdiction has been chosen, in order to reflect the considerable legal and societal diversity that still exists within Europe. Hence there are contributions from Eastern and Western jurisdictions, from Northern and Southern jurisdictions; from established Western democracies as well as from jurisdictions that are in many ways rebuilding their legal system after the fall of the iron curtain and the dissolution of the Soviet Union; from jurisdictions which often are perceived to be on the fringes of European developments; and from European Union and non-European Union member states.