[Out Now] Bruijnen on Recognition of Kafala and Child Marriage in Family Law and Migration Law

Leontine Bruijnen (Maastricht College) has not too long ago revealed a guide titled Recognition of kafala and little one marriage in household legislation and migration legislation (Wolters Kluwer, 2025) based mostly on her dissertation written beneath the supervision of Prof. Dr. Thalia Kruger and Prof. Dr. Marta Pertegás.

Based on the writer’s web site, “This guide explores how the popularity of kafala and little one marriage varies between household legislation and migration legislation, and the way larger alignment will be achieved.” “It analyzes the function of personal worldwide legislation, EU ideas, and authorized ideas equivalent to the most effective pursuits of the kid and authorized certainty. By means of case research from Belgium and Germany, the research affords an in-depth perspective on the authorized challenges and prospects for higher harmonizing these advanced points. It constitutes a worthwhile useful resource for authorized students and policymakers.”

The guide’s blurb reads as follows:

When an individual strikes to a different State, the query arises how the receiving State ought to recognise the authorized establishments regarding that individual. That is significantly pertinent when the authorized establishment doesn’t exist (or not in the identical type) within the receiving State. Two examples of such establishments in Belgium and Germany are kafala and little one marriage.

Whether or not and the way these establishments are recognised is essential for household legislation functions, equivalent to parenthood and inheritance, in addition to for migration legislation functions, equivalent to household reunification and the qualification as an unaccompanied minor. Authorized uncertainty could come up when a kafala or little one marriage is recognised for household legislation functions however not for migration legislation functions, or vice versa.

Recognition of kafala and little one marriage in household legislation and migration legislation: personal worldwide legislation bridging the hole? explores how personal worldwide legislation is used, and might be used, to find out the popularity of kafala and little one marriage for household legislation and migration legislation functions. It additionally examines the affect on recognition of EU ideas, public coverage, the most effective pursuits of the kid, the best to personal and household life, and the precept of authorized certainty. The analysis contains an evaluation of the Belgian and German case legislation on kafala and little one marriage.

The guide’s central purpose is to evaluate whether or not, and the way, personal worldwide legislation can function a bridge between the popularity of kafala and little one marriage for household legislation functions and migration legislation functions, with the purpose of attaining larger alignment between the 2 areas of legislation.

The guide’s desk of contents and an excerpt from the guide can be found on the writer’s web site.