Equity as a value of european public policy and its application in cross-border

Abstract

The creation of a truly international public policy is an aspiration dating from the 19th century. Currently receives a very relevant boost thanks to the European Court of Human Rights. Both the European Court of Human Rights and the European Court of Justice have had to review and unify concepts specific to Family Law when implementing the European Convention on Human Rights and European Union Law, respectively. This situation has been motivated by the emergence, at the European level, of new family models, which, together with other institutions, are unknown in European Legal Systems, or its effects are regulated differently in those legal orders from which, at least at the factual level, have been imported. All of which, as will be seen in this paper, allows us to maintain that equity acts as a value of the European public policy, whose pondered application is reflected in the decisions of the European Courts about cross-border matters of Family Law.