Remarques sur l’épanouissement personnel en droit français de la famille

• Main Author: Youssef Guenzoui
• Format: Article
• Language: fra
• Published: L’Harmattan 2017-03-01
• Series: Droit et Cultures
• Subjects: Individual development; Human rights; Otherness; Individualism; Balance
• Online Access: http://journals.openedition.org/droitcultures/4042

Family law must allow individual development. In order to do so, law must offer to any individual a range of options allowing them to make their own personal life choices: diversity regarding forms of adult relationships, diversity regarding separation models, matrimonial property status in accordance with their own happiness. However, family necessarily implies the presence of others, with whom the individual must cope with. Yet, despite the growing importance of human rights, which offers a significant weapon in the quest for individual development, family law has to restore balance and adopt a more nuanced position. Hence, personal life choices of the individual can be respected, even enshrined by family law, but only as long as the other family members do not suffer from it, the inclusion of otherness could be a way to temper an individualism which can sometimes be dangerous.