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Three years after its establishment the CEFL presents its first
Principles of European Family Law in the field of divorce and
maintenance between former spouses. The Principles aim to bestow
the most suitable means for the harmonisation of family laws in
Europe. In this respect they may serve as a frame of reference for
national, European and international legislatures alike. The
Principles could considerably facilitate their task not only by
virtue of the fact that the CEFL's in-depth and comprehensive
comparative research is easily accesible but also because most of
the rules have been drafted in a way legislatures normally consider
to be appropriate.
The Principles of European Family Law drafted by the Commission on
European Family Law (CEFL) contain models which may be used for the
harmonization of family law in Europe. This book contains the
Principles regarding Property Relations between Spouses. In these
Principles, the CEFL has developed an all-inclusive set of rules
for two matrimonial property regimes: the participiation in
acquisitions and the community of acquistions. Both regimes have
been put on an equal footing. Each matrimonial property regime,
whether it functions as a default or as an optional regime is
strongly connected with the rights and duties of the spouses and
the possibility for them to make a marital property agreement.
These issues have also been addressed by including two common
Chapters on the General Rights and Duties of Spouses and on Marital
Property Agreements which are to be applied regardless of which of
the regimes applies.
The Principles of European Family Law which are drafted by the CEFL
are aimed at contributing to the harmonisation of family law in
Europe. They may thus be used as a frame of reference. The first
set of Principles in the field of Divorce and Maintenance Between
Former Spouses was launched in 2004. This book contains the
Principles Regarding Parental Responsibilities. In these
Principles, the CEFL has developed a comprehensive and original set
of rules in the field of parental responsibilities based on respect
for the rights of the child, non-discrimination and, as far as
possible, self-determination. In their provisions on specific
issues the Principles opt for solutions which seem to be workable
and shall avoid unnecessary hardship and disputes.
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