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Eleni Zervogianni

the equality of sexes,3 enhancing private autonomy,4 protecting the interests of minors and vulnerable adults,5 as well as regulating the use of new technologies on human reproduction.6 Moreover, special legislation has been enacted on particular issues in family law, such as cohabitation of persons of different sex7 and domestic violence.8 Since demographics have a substantial influence on the evolution of family law, the following statistical data are of interest. The mean age of first marriage is steadily increasing in Greece. From 23.4 for women and 28.1 for men

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Edited by Jens M. Scherpe

-Capital) are exclusively competent regarding economy and taxes, including developing a family policy by tax incentives. It goes without saying that the partly overlapping system of multi-level governance does not facilitate coherence in family law. 2. HORIZONTAL FAMILY LAW 2.1 Marriage and Divorce Marriage rates are declining in the Benelux countries, whereas divorce rates are increasing.11 The effect of the declining marriage rates seem to be balanced out slightly by increasing numbers of remarriages after divorce and of same-sex marriages.12 Formation of marriage is

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Dieter Martiny

), in particular restrictions on family reunion. Forced marriage is a ground for annulment of the marriage (§ 1314, para 2 no 4 Civil Code). A petition for a declaration of annulment may be made within three years of the conclusion of marriage (§ 1317, para 1 of the Civil Code). The minimum age for marriage, which coincides in principle with the age of majority (18 years, according to § 1303, para 1 of the Civil Code), has not been changed.11 Despite a decline in marriage rates, marriage is nevertheless the dominating life arrangement for couples, particularly for

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Laurence Francoz Terminal

: JOBNAME: Scherpe PAGE: 3 SESS: 6 OUTPUT: Fri Nov 20 10:00:33 2015 Changing concept of ‘family’ and challenges for law: France 41 to 55 per cent of all births in 2011. Even now the French fertility rate, one of the highest in Europe,8 has not been undermined by new family structures. 2. HORIZONTAL FAMILY LAW Cohabitation law in France has developed since the 1970s, but the increase in cohabitation is not symptomatic of a rejection by French couples of a legal framework for their relationship. On the contrary, statistics show that an increasing number of couples have

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Edited by Jens M. Scherpe

Parliamentary Act constituting the foundation of these informal partnerships. On the whole, the Italian legal system has reacted mainly with selective recognition or indifference to both new phenomena. 2. DEMOGRAPHIC BACKGROUND In Italy, as in most European states, there has been a significant postponement in the age of marriage and large increases in divorce rates and extra-marital cohabitation in recent decades. The mean age at first marriage was 34 for men and 31 for women in 2012; in the 1970s the average age at first marriage was 27 for men and 24 for women. This

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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.
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Jens M. Scherpe

The Present and Future of European Family Law explores the essence of European family law – and what its future may be. It compares and analyses existing laws and court decisions, identifies trends in legislation and jurisprudence, and also forecasts (and in some cases proposes) future developments. It establishes that while there is, at present, no comprehensive European family law, elements of an ‘institutional European family law’ have been created through decisions by the European Court on Human Rights and by the Court of Justice of the European Union as well as other EU instruments. At the same time an ‘organic European family law’ is beginning to emerge. The laws in many European jurisdictions have developed similarly and have ‘grown together’, not only as a result of the aforementioned institutional pressures, but also as a result of societal developments, and comparable reactions to medical and societal advances and changes. Hence there already is a body of institutional and organic European family law, and it will continue to grow.
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European Family Law Volume III

Family Law in a European Perspective

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.
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Jens M. Scherpe

Union, the EU Treaties and other EU instruments. That said, given the social realities in most European jurisdictions (such as labour market participation rates and so on) it would be illusionary to claim that full gender equality in marriage has been achieved, despite the progress being made. That notwithstanding, equality of the spouses is one of the agreed and fundamental common principles of the European jurisdictions and, accordingly, a definite principle of European family law. Implementing equality of the spouses took longer in some jurisdictions than in others

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Jonathan Klick and Thomas Stratmann

–80. By controlling for state fixed effects (to net out the baseline gonorrhea rate in each state) and year dummy variables (to account for any non-linear national trends), as well as a host of control variables, in their regression, Klick and Stratmann (2003) provide a natural quasi-experimental research design of the hypothesis that risky sex increases when the cost of unwanted pregnancy declines.5 Klick and Stratmann’s (2003) Table 3 suggests that the effect of abortion legalization on the incidence of gonorrhea per 100,000 state residents was to increase it by 82