The Europeanisation of International Family Law [Hardcover]

Choice of law determines which national legal system applies to an international case. Currently many choice of law rules in the field of family law are regulated by national law. However, these national rules of the EU Member States are more and more displaced by common European rules. This book describes the changes brought by the Europeanisation of the choice of law on divorce. From the conclusions drawn in the field of divorce the concluding chapter discusses the changes of Europeanisation of international family law in a broader perspective.

National laws of EU member states are more and more displaced by common European rules. Using exemplars from the field of divorce law, this volume discusses the sweep of so-called Europeanisation of international family law from a broader perspective.

Introduction.- The Dutch choice of law rules on divorce.- The Dutch choice of law rules on the termination of registered partnerships.- The Europeanisation of international family law: the EU legislatures competence.- The proposed European choice of law rules on divorce.- The failure of the establishment of a common European choice of law on divorce.- The Dutch and the European choice of law rules on divorce compared.- A unified system of international family law in the European Union: which way forward?

International family law is an area that is predominantly regulated by national law. Currently the national choice of law rules of the EU Member States are more and more displaced by common European rules, which will entail considerable changes.

In this book, the nature and reasons of the changes brought about by the transition from a national to a supranational choice of law approach are discussed in one particular field of international family law: the termination by dissolution of marriages and marriage-like registered partnerships. The current Dutch and the proposed European choice of law rules on divorce are examined and compalc1