Article

Comparative Family Law

Harry D. Krause

in The Oxford Handbook of Comparative Law

Published in print November 2006 | ISBN: 9780199296064
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199296064.013.0035

Series: Oxford Handbooks in Law

Comparative Family Law

Preview

Greatly increased mobility of individuals and families has resulted in a growing number of transnational family-law disputes. These have spawned a proliferation of international legal instruments dealing with marriage, divorce, maintenance, child support, and child custody. Of necessity, lawyers and scholars now confront a wide range of questions relating to the conflicts and confluence of legal systems in family law. This article provides a brief history of comparative family law. It examines the great debates in family law, such as failed marriages and child support; downgrading marriage and upgrading cohabitation alternatives; civil marriage versus religious tradition; the state's secular interest in civil marriage; same-sex relationships; assisted reproduction; and contraception and abortion.

Keywords: marriage; civil marriage; cohabitation; social contract; motherhood; same-sex relationships; abortion

Article.  14701 words. 

Subjects: Law ; Comparative Law

Full text: subscription required

How to subscribeRecommend to my Librarian

Buy this work at Oxford University Press »