Category Archives: Family Law

‘Against Functional Approaches’

Katharine K Baker, ‘Equality and Family Autonomy’, University of Pennsylvania Journal of Constitutional Law (forthcoming), available at SSRN. As Katharine Baker recounts in her excellent article, ‘Equality and Family Autonomy’, functional analysis was once part of a positive progressive narrative within family law: it was through a functional analysis that scholars and courts (and some […]

Ewa Kabza, ‘Three Different Legal Attitudes Towards Non-Marital Cohabitation in Europe’

ABSTRACT The rising number of people ‘just living together’, people who are neither married nor in registered partnerships, clearly demonstrates that non-marital unions can no longer be ignored. To obtain an accurate picture of the situation of non-marital partners it was essential to conduct comparative research of multiple legal orders. This analysis threw a new […]

Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 1/2022: Abstracts’

“The latest issue of the Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) features the following articles …” (more) [Jan von Hein, Conflict of Laws .net, 4 January]

Rowan Cope, ‘Polygamous settlors: When is a wife not a wife?’

ABSTRACT Wealthy nationals of countries outside of Europe, including in the Middle East, are beginning to discover the wealth preservation and succession planning advantages that discretionary trusts can afford them. Whilst this is positive for practitioners, the clash of cultures can cause difficulties for trustees (and their advisers) who are used to administering trusts for […]

Sharon Shakargy, ‘Whose Law is it Anyway? The Case of Matrimonial Property in Israel’

ABSTRACT It is often argued that courts avoid foreign laws because they prefer local law. It would make sense if they did – after all, foreign law can be hard to understand and complicated to employ, and it is also … foreign. Aiming to investigate this assumption through a qualitative analysis of all available cases […]

Noy Naaman, ‘Timing Legal Parenthood’

ABSTRACT When does a parent become a parent? This Article examines this question through a novel framework that analyzes the tension between an individual’s evolving self-identification as a parent, and the law’s acknowledgment of the individual’s parental status. It focuses on two forms of that tension. The first concerns a scenario occurring after the birth […]

Csongor István Nagy, ‘EU Private International Law in Family and Succession Matters: The Hungarian Judicial Practice’

ABSTRACT This article is based on the Hungarian strand of the multiyear CEPIL project (‘Cross-Border Litigation in Central-Europe: EU Private International Law before National Courts’) carried out with the generous support of the European Commission Directorate General Justice and Consumers. One of the leading considerations behind the CEPIL project was that the value of private […]

‘The Cross-Border Recognition of the Parent-Child Relationship in Rainbow Families under EU Law: A Critical View of the ECJ’s VMA ruling’

“In its much-awaited ruling in Case C-490/20 VMA v Stolichna obshtina, rayon ‘Pancharevo’ (the ‘VMA’ case), the ECJ held that EU Member States are required to recognise – for the purposes of EU free movement law – the familial ties established in another EU Member State between a child and her parents who are a […]

Deirdre Smith, ‘Termination of Parental Rights as a Private Remedy: Rationales, Realities, and Alternatives’

ABSTRACT Terminating a parent’s rights – a drastic measure – is commonly associated with public child welfare proceedings, where a state or county child protective services agency has removed a child from their home based on findings of abuse or neglect. In fact, state laws across the country also permit private individuals to petition a […]

Luke Taylor, ‘Domestic Contracts and Family Law Exceptionalism: An Historical Perspective’

ABSTRACT Since at least the late 1980s, the enforceability of domestic contracts in Canadian common law has tended to be analyzed in terms of a formal equality/substantive fairness dichotomy. This paper suggests that our understanding of the common law of domestic contracts in Canada can be enriched by adding an historical lens to existing analyses. […]