Thursday, May 27, 2010
Dieter Martiny has posted "Is Unification of Family Law Feasible or Even Desirable?" on SSRN. Here is the abstract:
A few decades ago the term ‘European family law’ sounded a little bit artificial or even strange. Today there is a growing awareness that the two notions have something in common. However, family law as such is still not a matter of general concern in the development of Eu¬ropean civil law. It is often only discussed in the context of European human rights, fundamental rights in the EU or private international law. However, compared to the past, one has become more and more aware of the problems originating from the diversity of family law in Europe and the methods needed to improve the current situation. Nevertheless, the scepticism towards unnecessary attempts at legislative unification and the creation of a state of sameness still overshadows the issue.