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International Survey of Family Law: 2010 Edition, The


The 2010 survey, 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.
This edition covers developments in over 20 countries written by leading academics and family law experts. The 2010 Review begins with a round-up of the major developments in the international arena, and is followed by contributions from a diverse selection of countries where there have been important developments in family law, including:
  • The Japanese Child Protection System
  • The Institution of Foster Care for Minors in Greece
  • Biological Versus Legal Parenthood Debate in Puerto Rico
  • Korean Divorce Law
  • Reforming the Marriage Laws of Sri Lanka
  • Equal Treatment of Same Sex Couples in Sweden
Each article is accompanied by a French language abstract

Click here to find out more about the society and other editions of the survey.

Annual Review of International Family Law 2008

Elaine O’Callaghan
  • The Hague Conference on Private International Law
  • United Nations
  • European Union
  • Council of Europe
  • Conclusions

Notions of Parenting Emerge at Last – Australian Family Law in 200

Frank Bates
  • The law of parenting itself
  • Practice, procedure and parenting
  • Finance and property
  • Conclusions

Recent Evolutions (or Revolutions) in Belgian Family Law

Jehanne Sosson
  • Introduction
  • Couples
  • Children: the establishment of legal filiation
  • Conclusion

Excursion into the ‘Best Interests of the Child Principle’ in Family Law and Child-Related Laws and Policies in Cameroo

Atangcho Nji Akonumbo
  • Introduction
  • The ‘best interests of the child’ principle and the notion of ‘child’
  • The criminal justice system and the best interests principle
  • The best interests of the child principle in civil matters
  • Participation rights: Freedom of opinion and expression/involvement in decision and reform-making processes
  • Influence of customary law/traditional practices on the best interest principle
  • Current family and child law reforms and the best interest principle
  • Conclusion

Limits on Autonomy

Martha Bailey
  • Introduction
  • Private ordering of familyl aw disputes
  • Forced medical treatments for minors
  • Conclusion

England and Wales
The Family the Law Forgot

Mary Welstead
  • Introduction
  • The facts in Burden
  • The ECHR’S decision
  • Dissenting ECHR judgments
  • The Grand Chamber’s decision
  • Dissenting Grand Chamber judgments
  • The sisters’ reaction
  • The current law relating to consanguineal couples
  • The way forward
  • Concluding comments

Equality, Access to Justice and the Prevention of Misuse in Family Law

Nina Dethloff
  • Introduction
  • Prevention of the misuse of acknowledgements of paternity
  • Equalisation of accrued gains
  • Pension rights adjustment
  • Procedure in family matters
  • Statute of limitations
  • Living will
  • Prospects

The Institution of Foster Carefor Minors in Greece

Penelope Agallopoulou
  • Introduction
  • The concept and the parties to placement in foster care
  • National Register of Foster Care For Minors
  • The process of the minor’s placement in foster care
  • The legal consequences of placement in foster care
  • Supervision of foster care
  • Sanctions
  • The lifting of the placement in foster care
  • Conclusion

Gulf States: Bahrain, Qatar, United Arab Emirates
First Time Family Law Codifications in Three Gulf States

Lynn Welchman
  • Introduction
  • Registration procedures
  • Age of capacity and marriage guardianship
  • Polygyny
  • Spousal relationship
  • Divorce
  • Child custody
  • Paternity/maternity

Maintenance of Former Spouses, Registered Partners and Cohabitants in Hungary According to the Existing Rules and in the New Civil Code

Orsolya Szeibert
  • Spouses, registered partners and cohabitants in Hungarian law
  • Maintenance of former partners under existing lawand judicial practice
  • Maintenance of former partners according to Act No CXX 2009 of the Civil Code
  • Conclusion

Alternative Dispute Resolution in Indian Family Law–Realities, Practicalities and Necessities

Anil Malhotra and Ranjit Malhotra
  • Introduction: the Indian background
  • Existing family law legislation prevailing in India
  • Background note to alternative dispute resolution in India
  • Existing statutory provisions for ADR in law in India
  • Analysis of the status of ADR in family law in India
  • Conclusions: need for reform and some suggestions

The Japanese Child Protection System: Developments in the Laws and the Issues Left Unsolved

Ayako Harada
  • Introduction
  • The increase in child abuse and neglect cases and its social background
  • Basic structure of the Japanese child protection system and proceedings provided by the laws
  • Issues yet to be solved
  • Conclusion

New Zealand
How New Zealand Family Law Deals with Power Imbalances

Mark Henaghan
  • Introduction
  • Violence in families
  • Relationship property
  • Conclusion

Women, Children and the Family under Nigerian Law: Developments after a Decade of Democratic Experimentation

’Dejo Olowu
  • Introduction
  • Women, children and the familyunder Nigerian law: athematic overview
  • Judicial interventions
  • Statutory and policy interventions
  • An appraisal of statutory, policy and judicial developments: pointing to the future
  • Concluding remarks

Puerto Rico
Biological Versus Legal Parenthood Debate in Puerto Rico

Gerardo José Bosques Hernández
  • Introduction
  • Paternity in Puerto Rico
  • Legislative attempts to reform
  • Conclusion

South Africa
The Statutory Domestic Partnership Cometh

Bradley S Smith
  • Introduction
  • The implications of the lack of domestic partnership legislation
  • Prospective domestic partnerships legislation –The Domestic Partnerships Bill, 2008
  • A concluding observation

South Korea
Korean Divorce Law: Can a Spouse Guilty of Marital Misconduct get a Divorce without the Consent of the Other Spouse?

Dong-Jin Park
  • Introduction
  • Overview of Korean divorce law
  • The right of a guilty spouse to file for judicial divorce
  • Conclusions

Damages in Family Matters in Spain: Exploring Uncharted New Land or Backsliding?

Miquel Martín-Casals and Jordi Ribot
  • A ‘fashionable’ topic?
  • Systematisation of the groups of cases
  • Review of case-law
  • Rethinking the issue: a critical commentary

Sri Lanka
Reforming the Marriage Laws of Sri Lanka: A Plea for the Incorporation of
International Standards

Sharya Scharenguivel
  • Introduction
  • Contracting a marriage
  • Presumption of marriage by habit and repute, customary marriages and registration as a requirement of a valid marriage
  • Consequence of marriage
  • Unity of domicile and unity of personal laws
  • Guardianship and custody
  • Maintenance
  • Property rights and succession rights
  • Divorce

Equal Treatment of Same-Sex Couples in Sweden

Anna Singer
  • Introduction
  • Background – legally recognising same-sex couples
  • Parenthood for same-sex couples
  • The Marriage Code after 2009 amendments

The United States
Same-Sex Couples Seek Federal Benefits and Interstate Recognition of their Relationships

Barbara J Cox
  • Introduction
  • DOMA challenge by GLAD and Commonwealth of Massachusetts
  • Additional federal developments
  • Conclusion
"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"


"a fascinating account of the legislative direction of various jurisdictions and is an invaluable research tool"


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