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European persons and family law=). He takes stock of the comparative law research which has taken place in the Netherlands to date and he conclud es that there is indeed some truth in the presumption n of many that persons and family law has not been associated with the priorities of comparative law. 3 He then indicates in which areas harmonisation of substantive law has already been achieved at a European level by means of treaties, especially the CIEC. 4 Harmonisation can only be ascertained in certain fields, however. Thereupon, Hondius displays a degree of scepticism towards the fundamental objection that persons and family law does not lend itself to harmonisation because this area of the law blends in too easily with culture. In this connection he poses, in my opinion, the illustrative question of whether the Netherlands position as one of the few countries in the world which recognises complete community of matrimonial property, really is a consequence of Dutch culture. >The necessity for comparative law in the field of persons and family law -accord ing to Hondius's conclusion -is growing, numerous social changes compel an amendment to the legislation, for which inspiration can be drawn from abroad. Koens, the prominent Dutch family law expert, endorses the importance of comparative law research in the field of family law as follows: 7 In order to realise the necessary harmonist ion in this legal field, further reaching steps will have to be taken of course first of all more attention from the legislator. case law and namely legal science will have to be given at the national level to the persons and family law of other states. Furthermore, other paths have to be taken as well, however, in order to reach some harmonisation as regards the main points of persons and family law Whichever road is chosen, it is indeed obvious that a merely national point of view will o longer suffice for a good understand ing of current and future persons and family law How is attention to a European family law determined in other countries? The relevant publications/initiatives may be grouped as follows: Firstly, publications by authors who, like De Groot and Hondius, recognise the necessity and feasibility of research into a European family law. Here the following question is provocatively put European family law: mythe ou realite? or Utopie oder Notwendigkein? The first contribution to be classified hereunder was written in 1990 by the well-known French/German comparative law analyst Alfred Rieg. He provides a number of examples of national regulations in the fields of matrimonial law, divorce law and the law of succession which, according to him ind isputably demonstrate that the total number of Idem, p. 177 Idem, p 180 Idem, p 180 M.J.C. Koens, Het hedendaagse personen-en familierecht, Zwolle 1995 p 13 A. Rieg, L'Harmonisation europeenne du droit de famille: mythe ou realite? Conflits et harmonisation Liber Amicorum A.E. von Overbeck, Fribourg 1990, pp. 473-4994 European persons and family law=). He takes stock of the comparative law research which has taken place in the Netherlands to date and he concludes that there is indeed some truth in the presumption of many that persons and family law has not been associated with the priorities of comparative law.13 He then indicates in which areas harmonisation of substantive law has already been achieved at a European level by means of treaties, especially the CIEC.14 Harmonisation can only be ascertained in certain fields, however. Thereupon, Hondius displays a degree of scepticism towards the fundamental objection that persons and family law does not lend itself to harmonisation because this area of the law blends in too easily with culture. In this connection he poses, in my opinion, the illustrative question of whether the Netherlands' position as one of the few countries in the world which recognises complete community of matrimonial property, really is a consequence of Dutch culture.15 The necessity for comparative law research in the field of persons and family law - according to Hondius's conclusion - is growing, because numerous social changes compel an amendment to the legislation, for which inspiration can be drawn from abroad.16 Koens, the prominent Dutch family law expert, endorses the importance of comparative law research in the field of family law as follows:17 In order to realise the necessary harmonisation in this legal field, further reaching steps will have to be taken. Of course, first of all more attention from the legislator, case law and namely legal science will have to be given at the national level to the persons and family law of other states. Furthermore, other paths have to be taken as well, however, in order to reach some harmonisation as regards the main points of persons and family law. Whichever road is chosen, it is indeed obvious that a merely national point of view will no longer suffice for a good understanding of current and future persons and family law. (my translation) How is attention to a European family law determined in other countries? The relevant publications/initiatives may be grouped as follows: Firstly, publications by authors who, like De Groot and Hondius, recognise the necessity and feasibility of research into a European family law. Here the following question is provocatively put: European family law: mythe ou realité? or Utopie oder Notwendigkeit? The first contribution to be classified hereunder was written in 1990 by the well-known French/German comparative law analyst Alfred Rieg.18 He provides a number of examples of national regulations in the fields of matrimonial law, divorce law and the law of succession which, according to him, indisputably demonstrate that the total number of 13 Idem, p. 177. 14 Idem, p. 179. 15 Idem, p. 180. 16 Idem, p. 180. 17 M.J.C. Koens, Het hedendaagse personen- en familierecht, Zwolle 1995 p. 13. 18 A. Rieg, L'Harmonisation européenne du droit de famille: mythe ou realité? Conflits et harmonisation, Liber Amicorum A.E. von Overbeck, Fribourg 1990, pp. 473-499
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