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Book
Droit européen du divorce = : European divorce law
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ISBN: 9782711017935 2711017931 Year: 2013 Volume: 39 Publisher: Paris : LexisNexis,

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Book
Cross-border divorce law : Brussels II bis
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ISBN: 9780199581191 0199581193 Year: 2010 Publisher: Oxford : Oxford University Press,

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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)"--


Book
The Europeanisation of international family law
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ISBN: 9067049557 9067047422 9786613477972 1283477971 9067047430 Year: 2011 Publisher: Groningen : T.M.C. Asser Press,

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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.

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