Choice-of-law in family law: Kant, Savigny and the Parties' Autonomy Principle

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Abstract

This article offers an explanation for the emerging popularity of the parties’ autonomy principle in the area of family law. It will be argued that Friedrich Carl von Savigny’s divergence from Kant in the area of family law is what underlies the reluctance of different jurisdictions to implement the parties’ autonomy principle in this area. Accordingly, the adoption of this principle in the area of family law reflects a complete reversion of Savigny’s choice-of-law theory to its Kantian roots.
Original languageEnglish
Pages (from-to)597-604
JournalNederlands Internationaal Privaatrecht
Volume4
Publication statusPublished - 2012
Externally publishedYes

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