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The Law and Practice of Human Rights

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Marriage, Property and Solidarity in Europe: A Comparative Legal Analysis


ISBN13: 9781035366095
To be Published: December 2025
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £235.00





This innovative book examines how patrimonial solidarity between spouses is manifested across various community-based and separation-based matrimonial property regimes in Europe. Hannelore Thijs demonstrates the complexities of spousal interdependence by analysing key issues including the protection of the family home, debt regulation, and the content of the matrimonial property. By exploring similarities and differences among the analysed regimes, Thijs provides fresh insights into the legal dimensions of matrimonial property law.

Key Features:

  • Draws from legislation, case law and literature across different European jurisdictions, including France, Germany, and the Netherlands
  • Provides a series of practical recommendations and global best practices to enhance the coherence of legal frameworks in Europe and to ensure a more harmonious spousal solidarity
  • Compares 13 European matrimonial property regimes, encompassing the Franco-German community of accrued gains and the regimes proposed by the Commission on European Family Law

Marriage, Property and Solidarity in Europe will be a valuable resource for legal practitioners and scholars in family law and property law with a European focus. Researchers with an interest in EU law or comparative law will also find this to be an engaging text.

Subjects:
Family Law, EU Law
Contents:
Foreword: A landmark study on marriage, property, and solidarity in Europe xxiii
1. Introduction
2. Administration of the matrimonial property
3. Protection of the family home and household goods
4. Debt regulation
5. Income
6. value increases concerning non-matrimonial property
7. Apparent non-matrimonial property
8. Method of sharing
9. Sharing key
10. Composition and valuation of the matrimonial property
11. Marital agreements
12. Solidarity in matrimonial property regimes: an evaluative and normative assessment
13. Conclusion