正在加载图片...
more or less equivalent solutions in these fields is strongly on the increase. He is of the opinion that the harmonisation of family law in Europe is not a myth, because surd'innombrables points on pouvait relever une concordance, sinon de solutions, au moins de tendances. 20 The necessity of providing insight into the differences and the similarities contained in the legislation of the Member States and the elaboration of a restatement of European family law has recently been ad vocated by the authoritative german comparative law analyst Dieter Martiny. He establishes, among other things, that, different from the field of commercial law, where the development of a uniform law is being overseen by a large number of national and international organisations, the initiatives in the field of family law are not attuned to each other But, accord ing to him, European family law is more than a utopia. Attuning future activities to each other seems to him to be more necessary than ever, because to date there has been no fundamental change in the division of tasks between the international organisations and national legislators, and also limited and various activities are being developed alongside each other According to Martiny, the tangible problem areas are the most suitable for a collective solution To a totally different category belong the systematic collections of country-by-country reports on the legal systems of Europe in the field of family law. These publications are of inestimable value in the research into a European family law. They provide the necessary information on national legal systems and belong to the reliable sources which are indispensable for mutual comparison. First of all, we can point to the series entitled < Beitrage zum Europaischen Familienrecht=, which is published by three family law experts attached to the University of Regensburg. The series includes the reports of the various symposia organised by the university since 1993. The first such symposium was devoted to the development of the law of succession in Europe. Eleven country-by-country reports, written by lawyers originating from the participating countries, are presented in this publication. The second symposium was devoted to the following subject: the protection of the matrimonial home in the European legal systems. Eight country-by-country reports were brought together. 4 The third symposium was held at the end of October 1996 and had as its theme: family solidarity the origin and the limits of maintenance between family members in Europe. A collection of eleven country-by-country reports will shortly appear. It is indeed striking that up to now no Dutch experts in the field of Idem, p 495 D Martiny, <Europa isches Familienrecht-Utopie oder Notwendigkeit =, Rabels Zeitschriftfuir auslandisches und internationales Privatrecht 1995, vol. 59, nos 3-4, pp. 419-453 ldem,pp.441l,452453 The reports concern Austrian, Belgian, English, French, Hungarian, Italian, Polish, Spanish, Swedish Swiss and German law. D Schwab and D. Henrich, Entwicklungen des europaischen Kindschaftsrecht, Bielefeld 1994 The reports concern Austrian, Belgian, Czech, English, French, Norwegian, Swiss and German law. D Henrich and D Schwab, Der Schute der Familiemwohnung in europaischen Rechtsordnungen, Bielefeld 1995 The French, Belgian, Italian, Austrian, Swiss, Turkish, Slovenian, Czech, Scottish, English, Swedish and5 more or less equivalent solutions in these fields is strongly on the increase.19 He is of the opinion that the harmonisation of family law in Europe is not a myth, because sur d'innombrables points on pouvait relever une concordance, sinon de solutions, au moins de tendances. 20 The necessity of providing insight into the differences and the similarities contained in the legislation of the Member States and the elaboration of a Restatement of European family law has recently been advocated by the authoritative German comparative law analyst Dieter Martiny.21 He establishes, among other things, that, different from the field of commercial law, where the development of a uniform law is being overseen by a large number of national and international organisations, the initiatives in the field of family law are not attuned to each other. But, according to him, European family law is more than a utopia. Attuning future activities to each other seems to him to be more necessary than ever, because to date there has been no fundamental change in the division of tasks between the international organisations and national legislators, and also limited and various activities are being developed alongside each other. According to Martiny, the tangible problem areas are the most suitable for a collective solution.22 To a totally different category belong the systematic collections of country-by-country reports on the legal systems of Europe in the field of family law. These publications are of inestimable value in the research into a European family law. They provide the necessary information on national legal systems and belong to the reliable sources which are indispensable for mutual comparison. First of all, we can point to the series entitled <Beiträge zum Europäischen Familienrecht=, which is published by three family law experts attached to the University of Regensburg. The series includes the reports of the various symposia organised by the university since 1993. The first such symposium was devoted to the development of the law of succession in Europe. Eleven country-by-country reports, written by lawyers originating from the participating countries, are presented in this publication.23 The second symposium was devoted to the following subject: the protection of the matrimonial home in the European legal systems. Eight country-by-country reports were brought together.24 The third symposium was held at the end of October 1996 and had as its theme: family solidarity - the origin and the limits of maintenance between family members in Europe. A collection of eleven country-by-country reports will shortly appear.25 It is indeed striking that up to now no Dutch experts in the field of 19 Idem, p. 495. 20 Idem, p. 498. 21 D. Martiny, <Europäisches Familienrecht - Utopie oder Notwendigkeit?=, Rabels Zeitschrift für ausländisches und internationales Privatrecht 1995, vol. 59, nos. 3-4, pp. 419-453. 22 Idem, pp. 441, 452-453. 23 The reports concern Austrian, Belgian, English, French, Hungarian, Italian, Polish, Spanish, Swedish, Swiss and German law. D. Schwab and D. Henrich, Entwicklungen des europäischen Kindschaftsrecht, Bielefeld 1994. 24 The reports concern Austrian, Belgian, Czech, English, French, Norwegian, Swiss and German law. D. Henrich and D. Schwab, Der Schutz der Familienwohnung in europäischen Rechtsordnungen, Bielefeld 1995. 25 The French, Belgian, Italian, Austrian, Swiss, Turkish, Slovenian, Czech, Scottish, English, Swedish and
<<向上翻页向下翻页>>
©2008-现在 cucdc.com 高等教育资讯网 版权所有