Skip to ContentSkip to Navigation
About us Latest news News News articles

The europeanisation of international family law. From dutch to European law: an analysis on the basis of the choice of law on divorce and on the termination of registered partnerships

02 September 2010

PhD ceremony: Ms. N.A. Baarsma, 14.45 uur, Academiegebouw, Broerstraat 5, Groningen

Thesis: The europeanisation of international family law. From dutch to European law: an analysis on the basis of the choice of law on divorce and on the termination of registered partnerships

Promotor(s): prof. M.H. ten Wolde

Faculty: Law

 

Love is oblivious to boundaries. However, from a legal perspective things are not so straightforward; law is, on the contrary, often strongly bound by borders.

In the European Union questions of international family law arise to an increasing extent resulting from the higher mobility of citizens. 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. The nature and reasons of the changes brought about by the transition from a national to a supranational choice of law approach have been 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 have been examined and compared. The conclusion is that the mentioned transition will - obviously - entail changes, but both systems have many characteristics in common. However, some Member States strongly opposed the European proposal and no consensus could be reached. The analysis of the failure of the European proposal shows that the most important bottleneck is the lack of a theoretical foundation of the unified choice of law. The concluding chapter produces a number of recommendations on the development of (a theoretical foundation of) the European system of international family law, starting from the principles and objectives of European law. Foremost it is important that the Europeanisation of the choice of law is not considered as a goal in itself. Moreover, more transparency and coherence are required.

 

Last modified:13 March 2020 01.16 a.m.
printView this page in: Nederlands

More news

  • 10 July 2020

    ENLIGHT recognized as a European University

    The ENLIGHT consortium of nine European universities, including the University of Groningen, was selected within the framework of the second call for ‘European Universities’, the European Commission's pilot program for new multilateral networks....

  • 08 July 2020

    Piekopvang in Groningen voorbereid voor internationale studenten

    Aan het einde van de zomer komen er naast veel Nederlandse studenten ook internationale studenten naar Groningen om voor kortere of langere tijd te studeren aan de Hanzehogeschool Groningen (HG) of de Rijksuniversiteit Groningen (RUG). Vanwege de...

  • 08 July 2020

    Law students successful in ELSA European Human Rights Moot Court Competition

    Second-year LLB students Reet Varma & Helena Rasch and LLM Public International Law students Jessica Appelmann & Dominique Mollet represented the University of Groningen at the 8th European Human Rights Moot Court Competition.