The Harmonization of Matrimonial Property Law in the United States and European Union
Issues in Contemporary International, European and Comparative Law, Vol. 9, pp. 35-53, 2011
22 Pages Posted: 5 Mar 2013 Last revised: 30 Apr 2013
Date Written: March 5, 2013
This article considers the harmonization of matrimonial property law in the United States and the European Union. In the United States, family law is within the domain of the individual states, which have adopted different approaches to matrimonial property law. Although uniform model legislation has been proposed, federalism, or the balance of power between the states and the federal central authority, ultimately facilitates the differences among the states' approaches to this issue. In the European Union, family law is regulated on the level of individual countries as well. Nonetheless, there have been recent efforts within the European Union to achieve greater harmonization of matrimonial property law, particularly in light of the many matrimonial property regimes currently in existence. Therefore, by considering this issue in the comparative context, this article seeks to offer insights into the methods and consequences of the harmonization of matrimonial property law.
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Keywords: family law, domestic relations, harmonization, European Union, federalism, matrimonial property law
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