PONČNCIA
A LES XIII
JORNADES
DE DRET
CATALŔ
A TOSSA
PRIMERA
PONČNCIA
L' "EUROPEĎTZACIÓ" DEL DRET DE
FAMÍLIA
The Commission on European Family Law:
Drafting Principles in the Field of Divorce and Maintenance
Between Former Spouses
Katharina Boele-Woelki
Professor of Private International Law,
Comparative Law and Family Law
University of Utrecht
In September 2001 an
international group of scholars established the Commission on European
Family Law (CEFL). The main objective of the CEFL is to launch a
pioneering theoretical and practical exercise in relation to the
harmonisation of substantive family and succession law in Europe. The
major benefit to be expected by the establishment of the CEFL is the
creation of a set of Principles of European Family Law. The
establishment of the CEFL is based on a scientific initiative and
therefore its members are totally independent of any organisation or
institution. Consequently, the comparative research-based drafting of
common Principles is a purely academic matter.
Due to the growing
convergence of divorce laws in Europe and in particular Council
Regulation (EC) No. 1347/2000 (Brussels II) and Council Regulation (EC)
No. 2201/2003 (Brussels IIbis) the CEFL decided to begin its activities
in this field and to start with the grounds for divorce and some of the
consequences of divorce, such as maintenance between the former spouses.
On the basis of a detailed questionnaire the expert members prepared
twenty-two comprehensive national reports based on the law as it stood
in 2002. This comparative material enabled the CEFL to draft Principles
concerning Divorce (Part 1) and Principles concerning Maintenance
Between Former Spouses (Part 2). The drafters of the Principles relied
on both the solutions represented in European jurisdictions (the
so-called common core method) as well as elaborated new rules (applying
the so-called better law method).
The comparative
research-based drafting of Principles of European Family Law has led to
an increase of European competitiveness in the field of family and
comparative law. The international ‘market’ of legal models, which
traditionally is dominated by the American Restatements, has been
complemented with a European ‘product’ which could be of great interest
for national and international legislators from all over the world.
