Paper's abstract

Léna Gannagé, Fundamental Rights and International Private Family Law: A Few Remarks on a Difficult Cohabitation
The penetration of the individualistic ideology into international private law entails some disruptions affecting the objectives as well as the methods of the matter. Due to the influence of the evolutionary interpretation proposed by the European Court of Human Rights, fundamental rights are more and more interfering with the treatment of international family relationships. Used as a way to support some processes of regulation such as public order or the method of recognition, they contribute to redrawing their outline, risking thereby to modify the conditions and limits of the coordination of legal orders.
These antagonisms between the two disciplines are not however irreducible. They primarily reveal a crisis of the concept of fundamental law whose borders, in international private law more than elsewhere, need to be rethought.

Key Words : international private law, privacy
t. 57, 2014 : p. 229-247

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