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The Place of Family Law in the Legal System: Theoretical Foundations and European Contexts

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2026-03-31
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Varga, N., & Szendrői, A. (2026). The Place of Family Law in the Legal System: Theoretical Foundations and European Contexts. Debreceni Jogi Műhely, 22(3-4), 185-203. https://doi.org/10.24169/DJM/2025/3-4/8
Abstract

Family law is an extremely complex, specialized field of law, largely based on private law but partly interwoven with elements of public law. It is indisputable that family law has its roots in private law, but family relationships are also regulated by numerous other branches of law, some of which belong to public law, or even by instruments that go beyond the scope of law. Based on all this, we may rightly ask ourselves whether family law can be considered a separate branch of law or rather a subfield of civil law with its own specific characteristics.

This study seeks to answer this question by examining domestic and international regulatory models and dogmatic approaches. It can be stated at the outset that Anglo-Saxon countries treat family law as a separate branch of law, while according to continental practice – as is the case in Hungary – family law forms an integral part of private law, and accordingly, family law regulations – due to their private law nature – have been integrated into the text of the Civil Code.

Despite the clear regulations, however, it cannot be ignored that, due to the continuous change and development of family law, it is increasingly losing the coherence created by civil law rules. The transformation of the traditional family model, the redefinition of the concept of family, and the increased importance of constitutional fundamental rights and personal rights are significantly changing the structure of family law and posing serious challenges for legislators and law enforcement agencies.