Harmonization of family law in the EU with special reference to the marriage contract

Stjepanović, Bogdana (2024) Harmonization of family law in the EU with special reference to the marriage contract. Balkan Social Science Review, 23 (23). pp. 147-167. ISSN 1857-8799

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Abstract

Family law is not uniformly regulated in the European Union. There are numerous reasons for the absence of uniform regulation (family law regulation is strongly influenced by the culture and traditions of a nation, and as such is not easily subject to change; great complexity of issues family law deals with; nonexistent uniform positive attitude of legal theorists regarding the necessity and usefulness of harmonization, etc.). The increased movement of people and goods within the Union conditioned an increasing number of cases where problems arose precisely because of non-existing uniform rules in this area. In this paper, we analyze the development of views on the harmonization of marital matters in the EU in general. Special attention is paid to the steps taken in the EU to harmonize property-related family matters. In the process of harmonization, property law issues proved to be a more suitable ground for harmonization, considering their lesser attachment to certain characteristics of the community. In addition, harmonization is easier to imagine in contractual matrimonial matters (compared to legally prescribed property models), and the marriage contract is considered to be a very suitable instrument for the potential harmonization of this legal area. For this reason, the paper analyzes in more detail the acts passed in connection with the marriage contract. Based on the analysis of the mentioned questions we give our proposal of possibilities for further harmonization in this legal area.

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