Party autonomy, inconsistency and the specific characteristics of family law in the EU

Walker, Lara (2018) Party autonomy, inconsistency and the specific characteristics of family law in the EU. Journal of Private International Law, 14 (2). pp. 225-261. ISSN 1744-1048

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Party autonomy is becoming more prevalent in substantive family law, and therefore private international law should find a method of incorporating party autonomy into family law. This should be done in a way that takes account of the specific characteristics of family life. Currently the EU Regulations take a disjointed and incoherent approach to party autonomy in family law, and do not consider specific issues relating to the family. There is no clear explanation of why this is and it appears to be related to the fragmented development of the EU family law instruments. This inconsistency is not only apparent across the instruments but also within the instruments, suggesting that the discrepancies are not context-specific. This article argues that it is possible to have a consistent approach to party autonomy across all areas of family law while catering for family specific issues. A consistent approach will allow families to resolve their disputes within one legal system, rather than the more complicated situation which confronts some families due to the fragmentation of jurisdiction required by the current legal rules.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Research Centres and Groups: Sussex European Institute
Subjects: K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K7000 Private international law. Conflict of laws > K7120 Persons
Depositing User: Lara Walker
Date Deposited: 27 Jul 2018 16:06
Last Modified: 05 Mar 2020 02:00

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