Family Laws in Flux

Is European family law developing in a manner consistent with the sociological predictions of modernity? To answer this question, family law needs to be analysed from a variety of perspectives. First, it is necessary to undertake an overall assessment: In what ways is family law ‘modern’ in a socio-theoretical sense and in what ways is it not? more

Physical self-determination is understood as a human right. Nevertheless, physical self-determination has never been an equal right enjoyed by all people; rather, it is a right with gradations. To this day, the right of physical self-determination is different for children and recipients of care than it is for ‘normal’ adults. more

No area of private law has undergone as much change as family law has since 1900. Can this history of transformation in the private-law aspects of family law also be characterized as a decodification? As we look back on 125 years of the German Civil Code, what do fundamental, widely ranging changes such as these signify about codification? At its core, the question is whether changing social realities, judicially developed doctrine, and special legislation outside the Civil Code have excised the family law from the codificatory ambit of the Civil Code, Book IV. more

Societies historically have opted to create legally recognized kinship relationships in one of two ways: either through parentage or adoption. The pattern, already apparent in Roman law, found its way into the modern codifications of Continental Europe, common law legal orders, and other bodies of law. However, what exactly is it that a given legal order attaches to the distinction between parentage and adoption? more

Japan and Germany are experiencing demographically driven structural transformation due to an aging population and declining birth rates. We aim to compare the impact of these changes on legal concepts and the role of Japanese and German law in coping with these changes. more

As of 1 January 2023, German guardianship law underwent a structural change with the entry into force of reform legislation adopted in 2021. This research project aims to record and analyse the extent and focus of this structural change. more

Family law is closely intertwined with the law of nationality. In particular, a person's nationality is linked to his or her line of descent. Legislators and practitioners therefore face the task of harmonizing areas of law that are already subject to their own individual dynamics. In addition, questions of nationality often have an international dimension, such that further complexity is added by the need to coordinate between the various family laws of third countries. more

If legal systems prematurely classify assistance as a favour or an act of good will, expectations of legal protection can be disappointed. Conversely, the law can prove to be dysfunctional if it sets the threshold for a contractual relationship (too) low. The aim of this research project is to systematize and analyse the regulatory strategies adopted by legal systems in respect of favours or acts of good will. more

Legal systems that allow adoption thereby enable a legal redefinition of family. Such a process cannot be taken from granted. Looking back through history and around the world, we are confronted with a complex array of attitudes and legal concepts regarding adoption. more

Although siblings are part of the innermost family circle, family law scholars have thus far paid little attention to their legal position. The present interdisciplinary research project aims to both portray and close this gap. more