Party autonomy in the legal regulation of adult relationships: What place for party choice in private international law?

Carruthers, J. (2012) Party autonomy in the legal regulation of adult relationships: What place for party choice in private international law? International and Comparative Law Quarterly, 61(4), pp. 881-913. (doi:10.1017/S0020589312000462)

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Abstract

This article is an examination of the merits of permitting the exercise of party autonomy in choice of court and choice of law in respect of the personal and patrimonial aspects of adult relationships. It provides a commentary on the party autonomy provisions of EU harmonization instruments, actual and proposed, in family law. The treatment considers the particular issues of drafting which arise from the specialties of family law, and ponders whether or not the refinements required render the exercise of permitting party autonomy self-defeating.

Item Type:Articles
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Carruthers, Professor Janeen
Authors: Carruthers, J.
College/School:College of Social Sciences > School of Law
Journal Name:International and Comparative Law Quarterly
ISSN:0020-5893
ISSN (Online):1471-6895

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