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"This book examines the divorce aspects of the Brussels II bis Regulation (Regulation 2201/2003). It gives detailed consideration to the new jurisdictional rules and to the likely interpretation of the core jurisdictional concept of 'habitual residence'. The scope of the Regulation is analyzed, and particular attention is given to its possible application to civil partnerships and same-sex marriages. The book also analyzes the Regulation's impact on ancillary relief matters and its interaction with related measures of Community and national law in that context. The new recognition procedures are considered in detail, as are the defences to recognition, and the wider consequences of automatic recognition are assessed. The book provides in-depth coverage of relevant case-law of the national and Community courts, and particular attention is given to the likely impact of the cases decided under the 1968 Brussels Convention and under Regulation 44/2001 (including the Owusu case)"--
International private law --- Divorce --- Conflict of laws --- Jurisdiction --- Law and legislation --- -Conflict of laws --- -Jurisdiction --- -Competent authority --- Law --- Conflict of judicial decisions --- Courts --- Judgments --- Venue --- Choice of law --- Intermunicipal law --- International law, Private --- Private international law --- Legal polycentricity --- Marriage --- Broken homes --- Divorced people --- -Divorce --- -Civil law --- -Law and legislation --- -Choice of law --- Civil law --- Divorce - Law and legislation - European Union countries --- Conflict of laws - Divorce - European Union countries --- Jurisdiction - European Union countries --- Droit international privé
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International family law is an area that is predominantly regulated by national law. Currently the national choice of law rules of the EU Member States are more and more displaced by common European rules, which will entail considerable changes. In this book, the nature and reasons of the changes brought about by the transition from a national to a supranational choice of law approach are discussed in one particular field of international family law: the termination by dissolution of marriages and marriage-like registered partnerships. The current Dutch and the proposed European choice of law rules on divorce are examined and compared. Some Member States have strongly opposed the European proposal and no consensus could be reached. The analysis of the failure of the European proposal shows that the most important bottleneck is the lack of a theoretical foundation of the unified choice of law. In the concluding chapter the author produces a number of recommendations on the development of (a theoretical foundation of) the European system of international family law, starting from the principles and objectives of European law. Nynke Baarsma is presently working in the District Court of Groningen, The Netherlands.
Conflict of laws -- Divorce -- European Union countries. --- Conflict of laws -- Divorce -- Netherlands. --- Divorce -- Law and legislation -- European Union countries. --- Divorce -- Law and legislation -- Netherlands -- Divorce -- Law and legislation -- Netherlands. --- Domestic relations (International law). --- Law, Politics & Government --- Law, General & Comparative --- Domestic relations --- Law. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- European Law. --- Private International Law, International & Foreign Law, Comparative Law. --- Private International Law, International & Foreign Law, Comparative Law . --- Law—Europe. --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Civil law
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"This comprehensive Commentary provides an in-depth, article-by-article analysis of the Rome III Regulation, the uniform rules adopted by the EU to determine the law applicable to cross-border divorce and legal separation. Disputes on family matters form part of everyday litigation in the EU, with around 140,000 international divorces per year; this Commentary offers a clear legal understanding of the regulation that governs this increasingly significant area of family law. Written by a team of renowned experts on private international law in relation to family matters, chapters contextualise and examine the provisions of the regulation, with clear insight into the rationale behind the text. The contributors engage critically with each article, analysing Rome III's overall effectiveness and offering a balanced critique from a variety of European perspectives. Private international law scholars and practitioners alike will find this Commentary an incisive and useful point of reference. It will be of particular interest to those working in family law, including judges, lawyers, public notaries and family mediators, as well as graduate students looking for in-depth knowledge of the subject"--
Conflict of laws --- Divorce --- Separation --- European Parliament. --- Droit international privé --- Droit international privé (droit européen) --- Séparation --- Parlement européen. --- Choice of law --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Civil law --- Council of the European Union. --- EU law --- European private law --- family law --- matrimonial law --- mutual recognition principle --- application of the law --- regulation (EU) --- jurisdiction --- family --- divorce --- Conflict of laws - Divorce - European Union countries --- Conflict of laws - Separation - European Union countries --- European law --- Family law. Inheritance law --- Droit international privé --- Droit international privé (droit européen) --- Séparation --- Parlement européen.
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