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La famille à l'épreuve des droits fondamentaux

Abstract : Once lineal, patriarchal and inegalitarian, the family has become egalitarian, nuclear and pluralist. Analysis shows that the impetus of fundamental rights has been decisive in this process. The principles of liberty, equality and non discrimination prevailing now have created unprecedented upheavals in the institution of the family. Traditionally influenced by a restrictive public tendance, family law has been considerably liberalized, to the point of appearing in certain respects as the depository of individual wishes. This decline of the regulating function raises questions as to the evolution of law itself and of it's object, the family. In this respect, fundemental rights present problems, both technical and political. However, fundamental rights may also be regarded as tools to be used for the recomposition of the institution of the family and of it's protection.
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Submitted on : Tuesday, March 13, 2018 - 3:10:08 PM
Last modification on : Monday, October 19, 2020 - 10:55:51 AM
Long-term archiving on: : Thursday, June 14, 2018 - 3:10:55 PM


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  • HAL Id : tel-01730697, version 1



Anne- Sophie Siew-Guillemin. La famille à l'épreuve des droits fondamentaux. Droit. Université Côte d'Azur, 2017. Français. ⟨NNT : 2017AZUR0033⟩. ⟨tel-01730697⟩



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