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Party Autonomy in European Family and Succession Law

Maunsbach, Ulf LU (2021) p.21-48
Abstract (Swedish)
Abstract
In this contribution, party autonomy is discussed in relation to
European family and succession law. The topic is briefly introduced, followed
by a survey covering the main EU-instruments with particular emphasis on
the parties’ possibility to influence choice of court and law by agreements.
Thus, autonomy as described in this contribution embraces both prorogation
and choice of law. The contribution also includes a brief comparison with the
development of party autonomy in Sweden and some general conclusions
are presented. It is observed that party autonomy in European family and
succession law can be described as an area characterized by a number of dividing
interests and that we can see... (More)
Abstract
In this contribution, party autonomy is discussed in relation to
European family and succession law. The topic is briefly introduced, followed
by a survey covering the main EU-instruments with particular emphasis on
the parties’ possibility to influence choice of court and law by agreements.
Thus, autonomy as described in this contribution embraces both prorogation
and choice of law. The contribution also includes a brief comparison with the
development of party autonomy in Sweden and some general conclusions
are presented. It is observed that party autonomy in European family and
succession law can be described as an area characterized by a number of dividing
interests and that we can see a trend towards increased party autonomy
balanced by a similarly increased possibility for court discretion to take
into account the interest of weaker parties. This fosters a development towards
incomprehensible rules and legal instruments that leads to the conclusion
that complexity is the new black. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
keywords
Party autonomy, European family and succession law, Swedish international family law, Nordic international family law
host publication
Facilitating Cross-Border Family Life - Towards a Common European Understanding
editor
Pfeiffer, Thomas ; C. Lobach, Quinceey and Rapp, Tobias
pages
27 pages
publisher
Heidelberg University
ISBN
978-3-96822-090-1
language
English
LU publication?
yes
id
581ae707-7fe2-4e94-beb7-0a66bc80ac29
date added to LUP
2024-09-19 12:29:31
date last changed
2025-04-04 15:30:02
@inbook{581ae707-7fe2-4e94-beb7-0a66bc80ac29,
  abstract     = {{Abstract <br/>In this contribution, party autonomy is discussed in relation to<br/>European family and succession law. The topic is briefly introduced, followed<br/>by a survey covering the main EU-instruments with particular emphasis on<br/>the parties’ possibility to influence choice of court and law by agreements.<br/>Thus, autonomy as described in this contribution embraces both prorogation<br/>and choice of law. The contribution also includes a brief comparison with the<br/>development of party autonomy in Sweden and some general conclusions<br/>are presented. It is observed that party autonomy in European family and<br/>succession law can be described as an area characterized by a number of dividing<br/>interests and that we can see a trend towards increased party autonomy<br/>balanced by a similarly increased possibility for court discretion to take<br/>into account the interest of weaker parties. This fosters a development towards<br/>incomprehensible rules and legal instruments that leads to the conclusion<br/>that complexity is the new black.}},
  author       = {{Maunsbach, Ulf}},
  booktitle    = {{Facilitating Cross-Border Family Life - Towards a Common European Understanding}},
  editor       = {{Pfeiffer, Thomas and C. Lobach, Quinceey and Rapp, Tobias}},
  isbn         = {{978-3-96822-090-1}},
  keywords     = {{Party autonomy; European family and succession law; Swedish international family law; Nordic international family law}},
  language     = {{eng}},
  pages        = {{21--48}},
  publisher    = {{Heidelberg University}},
  title        = {{Party Autonomy in European Family and Succession Law}},
  year         = {{2021}},
}