Methodological aspects of harmonisation of family law

The basis of any effort for harmonisation of family law in Europe needs to be the comparison between the different family laws. When analysing the factual problem situations in family law and comparing their solution in the various legal systems following the functional approach, we will find quite a number of converging tendencies in European family law. But important differences remain. They concern the codification techniques, different structures of administration of justice and the law of procedure. Finally one cannot avoid the close analysis and discussion of substantially differing solutions among the European legal systems which are linked to divergences in family policies and family realities. The harmonisation process will therefore have to address central value questions such as the importance of marriage as a basis of family law, gender issues, and the conceptual dualism of private and public spheres.