Searching for a common core of family law in Europe

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Abstract

In this Article the Author, a member of the group of European investigators involved in the searching process for a Common Core of Family Law in Europe, does not want to present the results ofthe project, that will be published in a forthcoming volume, but, instead, seeks to distinguish theFLCCP (Family Law Common Core Project) from similar research experiences, such as the CEFL(Commission of European Family Law) one.In order to highlight these differences, in the first part (paragraphs 1,2,3) the paper describes thegoals of the Common Core Project and the methodology it employs, making references to the Cornell’s Studies, the Schlesinger’s factual approach and the Sacco’s formants theory.In the second part, the analysis pinpoints the peculiarities of functionalism and the way the Common Core method re-interprets it on a large scale as a collaborative effort, because of the synergybetween the work of the national rapporteurs, the answers obtained through the questionnairesand group sessions and reports (par. 4).Further, the Article stresses the different goals of CEFL and FLCCP and argues how these differences concerning also their respective goals and methods affect the research’s results and the ideaof what the harmonization of family law (if any and possible) might be the expression of (par. 5).In the last part, the Author maps an alternative route to the harmonization of European family law,which combines the use of European international private law regulations on family matters, theconcepts of private autonomy and Courts rulings, together with doctrine efforts (par. 6).
Lingua originaleEnglish
pagine (da-a)1-27
Numero di pagine27
RivistaOPINIO JURIS IN COMPARATIONE
Volume1
Stato di pubblicazionePublished - 2018

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