Journal ArticleParallel publicationPublished versionDOI: 10.48548/pubdata-3589

Is There Such a Thing as Transnational Family Law?

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Date of first publication2025-01-30
Date of publication in PubData 2026-06-01

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English

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Variant form of DOI: 10.1628/rabelsz-2025-0007
Croon-Gestefeld, J. (2025). Is There Such a Thing as Transnational Family Law? Rabels Zeitschrift für ausländisches und internationales Privatrecht, 89(1), 35–58.
Published in ISSN: 1868-7059
The Rabel Journal of Comparative and International Private Law

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Abstract

Analysis of transnational law embraces the idea that thinking about the law almost exclusive-ly in national terms is inadequate. Transnational legal analysis further rests on the concept of legal pluralism. Family law has received little attention in the field of transnational law so far. But the existence of transnational and migrant families is plain. Moreover, family law pertains to events that take place in a pluralist environment. Does it therefore make sense to look at family law from the transnational point of view? This article explores this question in detail. It sets forth that the transnational perspective assists in depicting the operation of family law in a globalized world, including by encompassing the phenomenon of non-state actors being heavily involved in the creation, application and enforcement of family law.

Leuphana Institution

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