European Family Law Volume II
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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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Chapter 12: The changing concept of ‘family’ and challenges for family law in the Slovak Republic

Gabriela Kubíčková


Family law matters in the Slovak Republic are currently governed by a specific family law statute: the 2005 Family Act. However, this state of affairs is only temporary, because a significant change, namely the inclusion of family law matters into the new Civil Code, is currently being drafted. This change is not merely a technical one: it has a deeper conceptual significance as it reflects consideration given to the place of family law in the system of private law, in the context of the ongoing codification of private law in the Slovak Republic which will replace the old Civil Code. The view that family law is an integral part of the general private law prevailed. Thus it was considered necessary for family law to be regulated in the new Civil Code. This Code is intended to fulfil the function of a general private law, as it is typical in continental legal systems. Work on the new Civil Code is in the final phases and it is estimated that the draft Code will be submitted to the National Council (Parliament). Given the importance of the Code, lively parliamentary discussion can be expected and numerous comments and modifications are sure to accompany the passage of the Code through the Council. Whatever its final wording, family law will be a part of the Civil Code enacted by the Parliament.

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