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# Family Law ## Foundation/Cultural Framework of Family Law: Basic Legislation * Fundamental rights as a defense: Protection of the state Art. 6 GG * 5 Provisions: * Art 6 para. 1: Marriage and family (protection through state order) * Art 3 para. 1 Sentence 1: Equality of men and women...

# Family Law ## Foundation/Cultural Framework of Family Law: Basic Legislation * Fundamental rights as a defense: Protection of the state Art. 6 GG * 5 Provisions: * Art 6 para. 1: Marriage and family (protection through state order) * Art 3 para. 1 Sentence 1: Equality of men and women * Art 6 para. 2: Care and upbringing of children (rights and duties of parents: state guardianship) * Art 6 para. 4: Maternity protection (right to protection and care) * Art 6 para. 5: Equal rights of (non-)married children * Concept of family: open! * Relationship between parents and child * Structure of 2-generational or nuclear families: specific functions to be performed, e.g., upbringing ## BVerfG: Conception of Family * Between parents and child the existing community including the community with step-, adoptive, and foster children * Consideration: relationship of mother and father to a non-marital child * New case law: aims at the social status of Art. 6 para. 1 * Actual life and upbringing community between parents and child ## BGB (since 1900 --> outdated concept) * No definition of family * Regulates in Chapter 4: Not family as a community; rights and duties --> legal relationships of those related by marriage and kinship * Generally binding law: only free if the law expressly permits it, e.g., after divorce * Maintenance agreements between parties ## EMRK: International Treaty * Art. 8: every person has the right to respect for his or her private and family life * Interference by public authorities only under narrowly defined circumstances. * Art. 14 Prohibition of discrimination * EGMR no difference between (non-)married families ## Shaped by * societal and community or milieu-specific ideas in historical and cultural expressions