Ulf Maunsbach

Abstract
In this contribution, party autonomy is discussed in relation to
European family and succession law. The topic is briefly introduced, followed
by a survey covering the main EU-instruments with particular emphasis on
the parties’ possibility to influence choice of court and law by agreements.
Thus, autonomy as described in this contribution embraces both prorogation
and choice of law. The contribution also includes a brief comparison with the
development of party autonomy in Sweden and some general conclusions
are presented. It is observed that party autonomy in European family and
succession law can be described as an area characterized by a number of dividing
interests and that we can see a trend towards increased party autonomy
balanced by a similarly increased possibility for court discretion to take
into account the interest of weaker parties. This fosters a development towards
incomprehensible rules and legal instruments that leads to the conclusion
that complexity is the new black.