El matrimonio y su crisis ante los nuevos retos de la autonomía de la voluntad conflictual

Abstract

The debate concerning the impact of multiculturalism in the determination of the applicable law in the case of horizontal family relationships has been reduced to just two options with the introduction of party autonomy: the law of nationality or the law of the residence. However, the current anthropological context characterized by a situation of «super-diversity» is very different from the one for which this solution was designed. This study aims to analyze whether these limitations are justifiable in the current context by using the Economic Theory of Law as its analytical tool.