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Book Chapter10.1007/978-90-6704-743-2_7

The Dutch and the European Choice of Law Rules on Divorce Compared

N. A. Baarsma-2011-01-01-T.M.C. Asser Press eBooks
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AbstractChapter 7 contains a comparison of the choice of law systems on divorce of the Netherlands and of the European Union. Even though the adoption of the Brussels IIter-Proposal has been cancelled, the comparison between the Dutch and the European system of the choice of law on divorce remains of importance to answer the question whether from the attempt to unify the choice of law on divorce on the European level some more general directions can be deduced as regards the European methodology of international family law at large. Although on the face the current Dutch and the proposed European choice of law on divorce may seem to differ, both systems have many characteristics in common. The underlying structure of both these systems is similar: party autonomy is regarded as the prevailing principle. Only in the absence of a professio iuris on divorce, the applicable law to divorce is determined by the choice of law rules, which are based on the principle of the closest connection in

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AbstractChapter 7 contains a comparison of the choice of law systems on divorce of the Netherlands and of the European Union. Even though the adoption of the Brussels IIter-Proposal has been cancelled, the comparison between the Dutch and the European system of the choice of law on divorce remains of importance to answer the question whether from the attempt to unify the choice of law on divorce on the European level some more general directions can be deduced as regards the European methodology of international family law at large. Although on the face the current Dutch and the proposed European choice of law on divorce may seem to differ, both systems have many characteristics in common. The underlying structure of both these systems is similar: party autonomy is regarded as the prevailing principle. Only in the absence of a professio iuris on divorce, the applicable law to divorce is determined by the choice of law rules, which are based on the principle of the closest connection in

Keywords

Choice of lawAutonomyConflict of lawsLawEuropean unionPrivate lawPolitical sciencePublic law

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