January 2017 sees the publication of The LawsAndFamilies Database (ed. by Kees Waaldijk et al.). This database is one of the milestones of the larger EU-funded FamiliesAndSocieties research project... Show moreJanuary 2017 sees the publication of The LawsAndFamilies Database (ed. by Kees Waaldijk et al.). This database is one of the milestones of the larger EU-funded FamiliesAndSocieties research project. This new online open-access resource will make it easier to find and compare legal information about marriage, registered partnership and cohabitation in European countries. The database is accessible via www.LawsAndFamilies.eu.The information in the database has been provided by selected legal experts in 21 countries in the European Economic Area (typically two experts per country). In a questionnaire the experts were asked, for some 60 typical legal consequences and formalities of marriage, to what degree and since when these consequences and formalities are now available to same-sex and/or different-sex couples via one or more of three possible legal family formats (marriage, registered partnership, cohabitation). Show less
On the occasion of the 15th anniversary of the first legislation in the world that opened up marriage to same-sex couples (in the Netherlands, 1 April 2001) the author investigates if it would be...Show moreOn the occasion of the 15th anniversary of the first legislation in the world that opened up marriage to same-sex couples (in the Netherlands, 1 April 2001) the author investigates if it would be possible to make marriage law, and in particular filiation law, completely orientation-neutral. He bases his analysis in the travaux préparatoires of the wording of the right to marry in the Universal Declaration of Human Rights and in other human rights documents. The demonstrates that the words “men and women” in the Universal Declaration have never been intended to exclude same-sex couples from marriage. On the contrary, those words were used to emphasize the gender-neutral character of the right to marry. Nevertheless, as regards parenting even Dutch law still makes a distinction between women and men – and thereby between heterosexual and lesbian marriages (especially when the child is conceived with semen from a known donor). The author analyses how these last distinctions can be eliminated (also with respect to surnames, and also in the interest transgenders and intersex people). He concludes that this is possible by merging the Civil Code articles on legal motherhood and legal fatherhood. The new rule could simply start with “Parent is the person who…”. And among other things it could provide that “parent” is the person who at the time of birth of a child is the married or registered partner of the person who gives birth, unless another person, with the consent of both partners, has acknowledged the child before it is born. Thereby the law would no longer distinguish between children conceived with or without a sperm donor, between children conceived with a known or unknown donor, or between children born to a lesbian or heterosexual couple. And so (Dutch) marriage law would become completely gender-neutral and orientation-neutral. Show less
This book presents the results of a research about the Islamic courts of Cianjur in West Java, and Bulukumba in South Sulawesi and the role they play in local divorce practices. It addresses... Show moreThis book presents the results of a research about the Islamic courts of Cianjur in West Java, and Bulukumba in South Sulawesi and the role they play in local divorce practices. It addresses questions which not only enhance our understanding of how Islamic courts in Indonesia work, but also of how Islamic courts through their everyday adjudication processes have the potential to transform societal norms based in national family law, Islamic law and customary law. What is the history of the Islamic courts in both districts and what are its consequences for their position in the local community? What role do the Islamic courts play in protecting women’s divorce rights? How do they perform with regard to spousal support, child support and marital property and why? How do the Islamic courts treat women’s and men’s claims? How has Indonesian family law for Muslims developed and what is the role of the Islamic courts in this development? How are Islamic courts positioned in Indonesia’s nation-building project? This book attempts to provide answers to those questions by exploring the Islamic courts’ institutional history in both districts, the development of the substantive law they apply, and the socio-cultural and economic aspects of divorce. Show less
