Definition and Objectives - Research Themes

Definition and Objectives

In the European Union, there has been no institutional or internationally coordinated mutual harmonisation of the family law of the member states. The differences between the national laws, which are often great, constitute a serious obstacle to achieving a truly European identity in a Europe without borders. Economic and political integration will eventually render necessary the integration, or at least a significant amount of mutual harmonization, of family law. Due to the lack, at least for the time being, of an institutional framework within the EU to initiate the convergence of family law, not to mention to compel it, it is left to legal scholarship to lay a foundation through structural and fundamental comparative law research that identifies and provides insight into the differences and similarities, and subsequently make proposals for norms or principles of European family law.

The differences and similarities in national laws are presented by means of the comparative law method. Based on this comparative law research, principles of European family law can be formulated, either in the form of a 'Restatement', following the American model, or in the form of a more elaborate 'Principles of European Family' along the lines of the 'Principles of International Commercial Contracts' formulated by UNIDROIT and the 'Principles of European Contract Law' developed by comparative law scholars in the framework of the Lando Commission.

The research group gives an initial impetus to the actual convergence of family law in Europe and also gives effect to the European Parliament's resolution of 29 October 1993, nr. C315/654, in which the Commission was sought to conduct comparative law research into the laws of the member states in the area of marriage, divorce, the custody of children and family law in general, in order to make recommendations to the member states to develop national and/or international provisions that are necessary to ensure the protection and enforcement of the rights of children and parents.

Research Themes

Research into fostering the convergence of family among EU member states by developing and formulating European norms based on comparative law research and norms based on international treaties is conducted in the following areas:

1. Property law aspects of cohabitation forms
2. Rights and protection of minors
3. Personal status law
4. Position of successors
5. Impact of European norms on family law