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:

Series: Oxford Handbooks in Law

 Comparative Family Law

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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

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