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International Survey of Family Law: 2014 Edition, TheFROM £85.00
Published on behalf of the International Society of Family Law
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The International Survey of Family Law is the International Society of Family Law’s annual review of developments in family law across the world. The 2014 edition covers developments in over 20 countries written by leading academics and family law experts. Each article is accompanied by a French language abstract.
The 2014 Survey contains contributions from a diverse selection of countries where there have been important developments in family law, including:
- Same-Sex Families in Brazil
- Reforming the Law on Parental Responsibility in Germany
- An Overview of Adultery Law in the Republic of Korea
- Protecting Orphans and Vulnerable Children in Lesotho
- Family Law in the New Civil Code of the Republic of Macedonia
- Customary Polygamy, Human Rights and the Constitution in Papua New Guinea
Gender Identity Dysphoria Update and Developments in Property Settlement Law
Same-Sex Families in Brazil: An Overview after the Trial of ADI and ADPF 132 by the Supreme Court
Unmarried Cohabitation in Quebec – Liberté ou Égalité?
The Mapuches and Chilean Family Law
Empirical Research on Judicial Practice of the Post-divorce Relief System – Targeted on Sampled Cases Handled in a Grass-roots People’s Court in Chongqing in 2010–2012 51
Wei Chen, Lei Shi and Wenjun He
New Family Law in the Czech Republic: Back to Traditions and Towards Modern Trends
England and Wales
The Battle for Parenthood – Lesbian Mothers and Biological Fathers
A Chronicle of French Family Law
Centre for Family Law, University Jean Moulin, Lyon
Reforming the Law on Parental Responsibility
Reforming Hong Kong Family Law: Still More to Do?
Surrogacy for Single and Unmarried Foreign Persons: A Challenge under Indian Law
Anil Malhotra and Ranjit Malhotra
Iran and Armenia
Rights and Obligations of Spouses in Iran’s Law Compared with Armenia’s
Grigor Bekmezyan and Gholam Reza Shirazi
Irish Abortion Law – Legislating to Stand Still?
Joint Custody of Children on Separation and Divorce: The Current Law in Italy: An Overview of the Law and How it is Applied
Two Landmark Decisions of the Supreme Court: One Too Late; the Other Still Early 245
Changing the Constitution and Changing Attitudes: Recent Developments in Kenyan Family Law
When a Revealed Affair is a Crime, but a Hidden One is a Romance: An Overview of Adultery Law in the Republic of Korea
Ann Black and Kwang-Soo Jung
Protecting Orphans and Vulnerable Children in Lesotho: An Assessment of the Children’s Protection and Welfare Act 2011
Family Law in the New Civil Code of the Republic of Macedonia: Key Issues and Necessary Reforms
The Right to Alternative Care for Children Deprived of a Family Environment: Overview of International Norms and the Legislative Framework of Mozambique
Usang Maria Assim and Aquinaldo Mandlate
The Netherlands Dutch Co-motherhood in 2014
Ian Curry-Sumner and Machteld Vonk
Child Poverty in New Zealand – Definitions, Consequences, and Possible Legislative Responses
Mark Henaghan and Ruth Ballantyne
Papua New Guinea
Customary Polygamy, Human Rights and the Constitution in Papua New Guinea
John Y Luluaki
Separation of Assets with Equalisation of Accrued Gains (Accruals): A Marital Property Regime for the Modern Family?
Anna Stępien´ -Sporek and Margaret Ryznar
Electronic Visitation, Lesbian Adoption and Support
Pedro F Silva-Ruiz
Failing to Adopt a New Approach: The Law of Adoption in Solomon Islands
Jennifer Corrin and Eleanor Foote
New Rules on Parental Responsibility in Switzerland
Ingeborg Schwenzer and Tomie Keller
Developments in Family Law in the United States of America in 2013
The Constitution of Zimbabwe 2013 – A Constitutional Curate’s Egg
Read the full contents here
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
In his Preface, Professor Bill Atkin poses a fundamental question- we sometimes ask what the purpose of family law is. In many ways the main answer to this question is to be found in “The International Survey of Family Law” which is an annual review of developments in family law across the world under the auspices of the International Society of Family Law.
This year’s edition covers developments in over 20 countries written by academics and family law experts and is truly global with its wide content. Atkin says he appreciates how significant family law is for much of our existence and how his own preconceptions about the purpose and shape of family law are now challenged by what is happening elsewhere in the world and not just in the England and Wales jurisdiction. We can certainly confirm, reading this excellent survey that we find ourselves in the same position as the editor!
Atkin expands his original point asking these additional questions about family law: is it to control how we live; to empower people; to facilitate people as they sort out their personal lives; to lay down sensible ground rules for personal relationships; to reflect local culture and values; to protect the vulnerable; or is it something else or a combination of a variety of things?
Well, it is actually about all these matters and more although many of the chapters are about children, especially those who are vulnerable across the world. Bill Atkin has seen the number wishing to contribute to the survey rise to a total of 46 for this edition which reflects not just the amount of work involved but also the range which this substantive law area covers and the different countries and languages. Each contribution has a ‘resume’ or French language abstract at the beginning of chapter which is also specific to a particular country and the issues found there.
The book is just over 500 pages long with useful detailed footnotes and sub heading numbering within the main chapters. There is no index but readers will find the overview on the International Society of Family Law most informative.
One thing which will strike the reader as familiar are the issues we face in England and Wales under the subtitle “The Battle for Parenthood- Lesbian Mothers and Biological Fathers” which reflect important recent case-law studies which illustrate the development of the common law in our jurisdiction.
And then we read of events in other jurisdictions which certainly make us realise that the problems Atkin outlines with his questions in the Preface have some answers and that what we face as issues in family law here are not really much different from the problems in other jurisdictions notwithstanding all the different legal systems and approaches. Atkin’s International Survey of Family Law for 2014 does just that and is a great contribution to the Jordan Family Law library of books we depend upon for so much with our practices. Thank you.
Read reviews of previous editions
"a valuable resource"Family Law
"fascinating reading; an important global snapshot for family practitioners"New Law Journal
"An essential publication for anyone with an interest in the international aspects of family law"ChildRIGHT
"a fascinating account of the legislative direction of various jurisdictions and is an invaluable research tool"ChildRIGHT
As I read the wonderful contributions that people make to the International Survey, I appreciate how significant family law is for much of our existence. I also realise how my own preconceptions about the purpose and shape of family law, largely established by the country where I live, are challenged by what is happening elsewhere in the world. I hope that others find the same as they read this edition of the Survey.
Many of the chapters are about children. Children are often especially vulnerable. So, we read about such children in Lesotho, alternative care in Mozambique, adoption in Solomon Islands, and child poverty in New Zealand. Issues relating to parental responsibility and joint custody arise in Germany, Italy and Switzerland. Pre-birth debates on matters such as abortion and surrogacy are occurring in Ireland and India. Empirical research on post-divorce relief in China is brought to our attention. Non-traditional families, such as unmarried couples, same-sex marriages and same-sex parenting, arise in the chapters on Brazil, Canada, England and Wales, France, the Netherlands, Puerto Rico, and the United States. Customary polygamy in Papua New Guinea and among the indigenous Mapuches of Chile is explored, plus the law of adultery in South Korea and male headship in Iran. Issues to do with transgender persons appear in Australia, Hong Kong and Japan. Property and financial topics are found by reading Australia, Kenya, Iran and Armenia, and Poland. The question of the impact of high level legislation on family law has become important: the 2013 Constitution in Zimbabwe and 2010 one in Kenya, and the inclusion of family law in the
Civil Code in the Czech Republic and Macedonia.
We have a bumper edition this year. This is the result of the level of interest by people wishing to write for the Survey. After I added up, the number came to 46 when co-authors were all included. It does mean a lot of work. So, as always, generous thanks are owed to the publishers, including their fine editor, Cheryl Prophett, those who translate the abstracts into French – Dominique Goubau as well as the team at the Centre for Family Law, Lyon – Angela Funnell, my administrative assistant who offers willing and expeditious help, referees for the small number of chapters that have to be reviewed, and all the authors. I also make special mention of my outstanding research assistant, Sean Brennan. It has been great working with him: he will make a fantastic contribution as a lawyer in the years ahead.
Wellington, New Zealand
Professor Bill Atkin
Faculty of Law, Victoria University of Wellington, New Zealand
Associate Editor (Africa)
Reader in the Laws of Africa, School of Oriental and African Studies, London
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