Family Law and Family Values

Each individual experiences obligations arising from personal relationships. These are often hard to fulfil and give rise to tension between the demands of various relationships,between meeting current or future needs, but also between private norms and the demands of a public set of rules. The international contributors to this volume consider the relationship between family law and family values in the way law is framed, the way we are developing the legal context for new kinds of relationships such as cross-household parenting, same-sex partner relationships, and the obligations of adults to elders, and closes with a plea to rethink family law in terms of the functions we want it to perform.

Contributors include Masha Antokolskaia, Benoit Bastard, John Eekelaar, Lisa Glennon, Jacek Kurczewski, Jane Lewis, Carol Smart, Velina Todorova and Jean van Houtte.

Auteur

Mavis Maclean is co-founder of the Oxford Centre for Family Law and Policy, Oxford University.

Contenu

Introduction
MAVIS MACLEAN

Part I Framing Family Law

1. Personal Obligations
   JOHN EEKELAAR

2. Basic Values and Family Law in Recent Judgments of the Federal Constitutional Court of Germany
   WOLFGANG VOEGELI

3. Family Values, Friendship Values: Opposition or Continuity?
   MALGORZATA FUSZARA and JACEK KURCZEWSKI

4. The Changing Context for the Obligation to Care and to Earn
   JANE LEWIS

Part II Regulating New Forms of Relationship Between Adults and Children

5. Changing Ways, New Technologies and the Devaluation of the Genetic Connection to Children
   JULIE SHAPIRO

6. Can Co-Parenting be Enforced? Family Law Reform and Family Life in France
   LAURA CARDIA VONÈCHE and BENOIT BASTARD

7. Supporting Conflicted Post-Divorce Parenting
   KATRIN MUELLER-JOHNSON

8. Litigation in the Shadow of Mediation: Supporting Children in Sweden
   JOHANNA SCHIRATZKI

9. Changing Commitments: A Study of Close Kin after Divorce in England
   CAROL SMART

Part III Regulating New Forms of Relationships Between Adults

10. Targeting the Exclusionary Impact of Family Law
    LISA GLENNON

11. Registered Partnerships for Same-Sex Couples in Switzerland: Constructing a New Model of Family Relationships
    MICHELLE COTTIER

12. Same-Sex Relationships in Italy
    VALERIA MAZZOTTA

13. Cohabitation: The Ideological Debate in Spain
    TERESA PICONTÓ NOVALES

Part IV. A Regulating the Relationships Between Adult Children and Elderly Parents

14. Maintenance of the Aged by their Adult Children: an Adequate Legal Institution?
    JEAN VAN HOUTTE and JEF BREDA

15. Obligations of Grown-Up Children to their Elderly Parents: Bulgarian Legislation and Practice
    VELINA TODOROVA

Part IV. B Harmonisation of Law and Diversity: the Fit Between Family Law and Family Values

16. Ethnicity and Expectations Concerning Family Law and Family Values in Bulgaria
    STEFKA NAOUMOVA

17. Family Values and the Harmonisation of Family Law
    MASHA ANTOKOLSKAIA

18. Family Law and Family Values in Portugal
    MARIA JOÃO ROMÃO CARREIRO VAZ TOMÉ