The Harmonisation of Family Law: Old and New Dilemmas

Abstract

Abstract: This article provides the reader with some introductory information on the newly established Commission on European Family Law (CEFL). Two important theoretical problems surrounding the harmonisation of family law are further discussed: the lack of capacity on the part of the European Union in the field of family law, and the so-called “cultural constraints” argument. Finally, two dilemmas of a more practical nature are addressed: the possibility of harmonising family law by means of binding law, and the thereto related potential of co-operation between the CEFL and the European Civil Code Project.