Cover of: Is There Such a Thing as Transnational Family Law?
Johanna Croon-Gestefeld

Is There Such a Thing as Transnational Family Law?

Section: Familienrechtliche Paradigmen - Symposium, Juni 2024
Volume 89 (2025) / Issue 1, pp. 35-58 (24)
Published 30.01.2025
DOI 10.1628/rabelsz-2025-0007
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    CC BY 4.0
  • 10.1628/rabelsz-2025-0007
Summary
Analysis of transnational law embraces the idea that thinking about the law almost exclusively 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.