Harmonization, convergence and divergence of Family Law in Europe

Abstract

The harmonization of Family Law in Europe is a perhaps not frequently raised issue, but whose need exists, as we will see in this paper. While the possibility of a harmonization, and even an approximation, of Eu- ropean Family Laws is denied by many authors, the objections raised against are not truly consistent and in fact both historically there was a common base constituted by Roman, Canon and Common Law, as at present there are con- vergence phenomena derived from the existence of common values. Therefore, we are already witnessing the spontaneous convergence of the different Family Laws of European countries in certain areas, although precedents can be cited. The European Union, although suffering from a lack of direct and specific competences in this matter, has also pronounced in favour of the need of a harmonization of Family Law, both in declarations and resolutions and in an important package of Regulations, however, with a limited scope, restricted to International Private Law, and still pending a harmonization of substantive law —except for some timid exceptions—, so that the totality of the problems that arise in this area is not resolved. For this reason, we can foreground the academic attempts to achieve this approach.