La rifrazione del conflitto familiare attraverso il prisma del diritto internazionale privato europeo

The prism built up by the European Regulations relating to family law has the effect to refract the family conflict in several different aspects that are supposed to be lodged before different Courts and to be dealt with different laws. As a matter of facts, the rules concerning jurisdiction and applicable law do not have the aim to concentrate (or to try to concentrate) the whole conflict arising from the family’s crisis in the hands of a single Judge who applies a single law. This choice has large costs both for the parties, who needs to have lawyer in each of the jurisdictions involved, and for the efficiency of the legal system. Moreover it often leads to an irrational and unfair solution of the family conflict. This is especially evident dealing about the patrimonial effects of the family’s split