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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 ISSN 1744-1048.
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Official URL: http://dx.doi.org/10.1080/17441048.2018.1509973
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: |
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| 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): | โThis 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 | ||||||
| Date of first compliant deposit: | 10 January 2019 | ||||||
| Date of first compliant Open Access: | 5 March 2020 |
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