Hunter-Henin, M. (2006) Droit des personnes et droits de l'homme: combinaison ou confrontation. Revue Critique de Droit International Privé , 95 (4) pp. 743-776.
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Abstract
Developments in European Family Law via EC Regulations or fequent recourse to the right to respect for private and family life under article 8 of the European Convention on Human Rights have increased individual freedom. However, the concepts of personhood, family and personal status have as a result lost some of their meaning and permanence. This article first examines the process by which personhood and the traditional personal connecting factor in French Private International Law – nationality – have both lost most of their substance. It then purports to suggest ways in which the Human Rights’ discourse and the benefits of EU Regulations may blend with rather than trump traditonal values of Private International law, thus ensuring better predictability of individual judicial outcomes and narrowing the current widening gap between European and non European countries.
| Type: | Article |
|---|---|
| Title: | Droit des personnes et droits de l'homme: combinaison ou confrontation |
| Language: | English |
| Additional information: | Abstract provided by the author to http://www.conflictoflaws.net (in association with the Journal of Private International Law) |
| UCL classification: | UCL > School of Arts and Social Sciences > Faculty of Laws |
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