The application of party autonomy as a conflict-of-laws connecting factor in international family relations under eu regulations

Abstract

Тhe relevance of this study stems from significant changes in the legal regulation of family relations in the Member States of the European Union, ongoing migration processes, the need to develop flexible mechanisms for reconciling different approaches to the regulation of international family relations, and the harmonization of Ukrainian legislation with European Union law.
The purpose of the article is to analyse the regulations of the European Union in order to determine the possibility of applying the conflict-of-laws connecting factor of party autonomy in the field of international family relations and to identify the specific features and limits of its implementation.
The article examines the provisions of the European Union regulations and the 2007 Hague Protocol governing the application of party autonomy in international family relations. The content of several key concepts, in particular «holder of parental responsibility» and «habitual residence», is analysed.
The study establishes that party autonomy in international family legal relations may manifest itself in two forms: choice of law (lex voluntatis) and choice of court (prorogatio fori). At the same time, within the law of the European Union it has a limited character. Party autonomy is most fully implemented in the sphere of matrimonial property relations. Relatively broad possibilities for the choice of law are also provided in matters of divorce or legal separation. At the same time, in the sphere of maintenance obligations and in matters concerning parental responsibility, party autonomy is significantly limited and subordinated to the need to ensure proper protection of the maintenance creditor and to the principle of the best interests of the child.
It is concluded that a model of limited conflict-of-laws party autonomy has been formed in the family law of the European Union. This is обусловлено the specific nature of family legal relations, the presence of a significant public interest in this sphere, and the need to protect the rights of children and other vulnerable participants in family relations.