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

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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. doi:10.1080/17441048.2018.1509973

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Official URL: http://dx.doi.org/10.1080/17441048.2018.1509973

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Abstract

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: Journal Article
Subjects: K Law [Moys] > KW European Union Law
Divisions: Faculty of Social Sciences > School of Law
Library of Congress Subject Headings (LCSH): Domestic relations -- Law and legislation -- European Union countries
Journal or Publication Title: Journal of Private International Law
Publisher: Hart Publishing Ltd.
ISSN: 1744-1048
Official Date: 5 September 2018
Dates:
DateEvent
5 September 2018Published
1 August 2017Accepted
Volume: 14
Number: 2
Page Range: pp. 225-261
DOI: 10.1080/17441048.2018.1509973
Status: Peer Reviewed
Publication Status: Published
Reuse Statement (publisher, data, author rights): “This is an Accepted Manuscript of an article published by Taylor & Francis in Journal of Private International Law on 05/09/2018 available online: http://dx.doi.org/10.1080/17441048.2018.1509973
Access rights to Published version: Restricted or Subscription Access

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