„European Marriage – an Optional Instrument in European Family Law“

Research project funded by the German Research Foundation (Deutsche Forschungsgesellschaft) 2007-2009

The aim of the DFG research project is the development of a new legal institution, the so called „European Marriage“, which allows couples, whose marriage stretches across national borders, a uniform substantive law. A European Marriage could be concluded, lived and dissolved under the same requirements in the whole area of application. Thus, existence and legal effects would be independent of a later change of domicile. Through the development of a uniform substantive family law for cases that cross national borders, the difficulties are met which spouses – whose relationship has a transnational impact due to their nationality or their current residence - encounter due to the current diversity of applicable law are met. The European marriage could, as an optional model, be chosen by the spouses. The uniform law would be applicable as an alternative to national substantive law of the member states. A full harmonisation of the substantive family law would be dispensable for now.