Download or read book The EU Succession Regulation written by Alfonso-Luis Calvo Caravaca and published by Cambridge University Press. This book was released on 2016-10-20 with total page 1476 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Succession Regulation is a landmark in the field of EU private international law. It unifies the conflicts of laws, jurisdiction and recognition of foreign judgments and some other legal instruments in the field of succession and wills. This volume provides an article-by-article commentary on the individual provisions of the Regulation, introduced by an overview of its general framework and underlying principles. As a reference tool for the Regulation, this book is intended to promote a high standard of interpretation and application. With contributions from leading scholars in the field, it uses a comparative approach in its analysis to enrich the academic debate and highlight the problems likely to arise in the practical application of the Regulation.

Download or read book The Constitutional Framework for Enhanced Cooperation in EU Law written by Robert Böttner and published by BRILL. This book was released on 2021-02-15 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitutional Framework for Enhanced Cooperation in EU Law analyses the primary-law framework of the flexibility tool of “enhanced cooperation”. Against the background of recent Member State practice, Robert Böttner redefines its constitutional rules and draws conclusions on its potential for European integration.

Download or read book Las migraciones internacionales en el Mediterr neo y la Uni n Europea written by and published by Huygens Editorial. This book was released on 2009 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. La política de inmigración de la UE en el Mediterráneo - 2. Fronteras e inmigración irregular - 3. Actuaciones y estrategias de integración.

Download or read book Diversity and Integration in Private International Law written by Ruiz Abou-Nigm Veronica Ruiz Abou-Nigm and published by Edinburgh University Press. This book was released on 2019-08-05 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can private international law contribute to the development of the global legal architecture needed to integrate our emerging multicultural world society? Bringing together world-renowned academics and experienced private international lawyers from a wide range of jurisdictions and institutions, the volume explores how private international law's connective capacity could be enhanced by more inclusive methodologies. This would allow it to better able to engage with the reality of the integration that it is there to promote. Based on comparative methodology, the volume examines legal practice, as revealed by national and regional case law. The scope includes the practice of international commercial arbitration; private international law regulatory frameworks; and legal theory.

Download or read book Spanish Yearbook of International Law 2001 2002 written by Asociación Española de Profesores de Derecho Internacional y Relaciones Internacionales and published by Martinus Nijhoff Publishers. This book was released on 2004-09-30 with total page 557 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Yearbook brings together information concerning Spanish legal practice and a bibliography over the period of one year and makes it available to an international readership. It deals with both private and public international law, taken in a broad sense to include summary treatment of international organizations of which Spain is a member.

Download or read book Latest Developments in EU Private International Law written by Beatriz Campuzano Díaz and published by . This book was released on 2011 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union is committed to achieving the goal of creating a network of instruments that will comprehensively cover almost all the aspects of private international law. This will significantly affect the freedom of national legislators to undertake their law-making tasks. However, these two proceedings should not be contrary. As this book demonstrates, European harmonization is being developed from the feedback of the national experiences. The book is the outcome of theoretical and practical research carried out by a group of legal experts from different specialties and jurisdictions. It includes several contributions in the fields of the recently adopted instruments of private international law (e.g., mediation in civil and commercial matters, maintenance obligations, or conflict of law rules on divorce), some national experiences when applying these instruments (in particular in the new EU Member States), and also, the ongoing works in order to review some current instruments (Brussels I) or to approve new ones (e.g., successions or matrimonial property regimes). In conclusion, the book offers an updated and critical contribution to the huge common task of elaboration of a European private international law adopted by the EU institutions.

Download or read book Cross border couples property regimes in action before courts Understanding the eu regulations 1103 and 1104 2016 in practice written by María José Cazorla González and published by Dykinson. This book was released on 2022-09-09 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book has the prime purpose of analysing practice through European and national case law from the entry into force of the Twin Regulations, adding hypothetical cases in some of the countries participating in enhanced cooperation that do not yet provide for the direct application of the Regulations, and resolving them by basing judgments on private international law. Th e European family today is diverse, and proof of this is the diff erent models and their evolution in recent decades, with family relationships being based not only on those constituted by marriage but also on those formed by couples living together in a stable manner.

Download or read book Brussels IIbis Regulation written by Ulrich Magnus and published by Walter de Gruyter. This book was released on 2012-04-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Fundamental Rights Challenges written by Cristina Izquierdo-Sans and published by Springer Nature. This book was released on 2021-06-17 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive review of fundamental rights issues that are currently in the spotlight. The first part explores why the question of whether or not fundamental rights have horizontal effect is a topic of endless debate. The second part focuses on human rights and the rule of law. It begins by arguing that the hitherto valid model of the rule of law is now outdated, and then goes on to outline the importance of the judicial dimension in countering threats to the independence of the judiciary. Lastly, the third part addresses a classic issue in the field of human rights: states’ margin of appreciation, highlighting two aspects: (i) the elements used by the ECJ to determine the scope of the margin of appreciation, which varies depending on the subject matter, the nature of the right in question, as well as the severity and the purpose of the interference; and (ii) the margin of appreciation enjoyed by national courts when interpreting the law. Exploring current issues concerning a topic of eternal interest, the book will appeal to scholars and practitioners alike. Written by formidable intellectual talents, committed to the study of fundamental rights, it rigorously analyses the most recent judgments of both the ECJ and the ECHR.

Download or read book 2006 written by Petar Sarcevic and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Current Volume VIII (2006) of the Yearbook of Private International Law is arguably one of the most comprehensive collections of essays in English-language of our time: It presents the reader with a broad overview on the status and trends of private international law from the United States to India, from France to Tunisia, from England to China, from Latvia to Qatar, from Sweden to Japan. All main areas of law are addressed: among others, marriage, including same-sex marriage, adoption and protection of children, euthanasia and living wills, inheritance, contracts, torts, insolvency. Each of the four traditional steps of the “conflict process” is taken into account: adjudicatory jurisdiction, international cooperation and procedure, applicable law and its various incidents, recognition of foreign judgments. Practitioners will especially benefit from several contributions on international arbitration. Benefecial for: scholars, lawyers, judges, notaries, lawyers in law departments of international enterprises, legal libraries, working in the field of Private International Law.

Download or read book Guide to Foreign and International Legal Citations written by and published by . This book was released on 2006 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Formerly known as the International Citation Manual"--p. xv.

Download or read book The Effects of Financial Crises on the Binding Force of Contracts Renegotiation Rescission or Revision written by Başak Başoğlu and published by Springer. This book was released on 2016-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.

Download or read book Towards a European Contract Law written by Reiner Schulze and published by Walter de Gruyter. This book was released on 2011-08-29 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Planning the Future of Cross Border Families written by Ilaria Viarengo and published by Bloomsbury Publishing. This book was released on 2020-10-15 with total page 975 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is built upon the outcomes of the EUFam's Project, financially supported by the EU Civil Justice Programme and led by the University of Milan. Also involved are the Universities of Heidelberg, Osijek, Valencia and Verona, the MPI in Luxembourg, the Italian and Spanish Family Lawyers Associations and training academies for judges in Italy and Croatia. The book seeks to offer an exhaustive overview of the regulatory framework of private international law in family and succession matters. The book addresses current features of the Brussels IIa, Rome III, Maintenance and Succession Regulations, the 2007 Hague Protocol, the 2007 Hague Recovery Convention and new Regulations on Property Regimes. The contributions are authored by more than 30 experts in cross-border family and succession matters. They introduce social and cultural issues of cross-border families, set up the scope of all EU family and succession regulations, examine rules on jurisdiction, applicable law and recognition and enforcement regimes and focus on the current problems of EU family and succession law (lis pendens in third States, forum necessitatis, Brexit and interactions with other legal instruments). The book also contains national reports from 6 Member States and annexes of interest for both legal scholars and practitioners (policy guidelines, model clauses and protocols).

Download or read book International Jurisdiction and Commercial Litigation written by Hélène van Lith and published by T.M.C. Asser Press. This book was released on 2009-06-11 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: avoiding gaps and provide a claimant with limited forum shopping possibilities. In that same vein, the paradigm proposed by Ms. Van Lith ought to shift to special grounds of jurisdiction based on sufficient connection between the defendant and the forum state. In that respect, she proposes jurisdiction at the place where the defendant has a fixed place of business from which he carries out business activities directly related to the claimant’s contractual claim. Absent such a place of business, jurisdiction is to be vested in the courts of the country where the defendant is engaged in substantial business activities in relation to the contract with a limited forum shopping for a claimant in favour of the court of the defendant’s home country. Other general or special grounds for jurisdiction (such as claimant-related connections or property-based connections) are rejected because they do not meet the proposed paradigm of sufficient connection. As to exceptions to international jurisdiction rules as proposed, Ms. Van Lith comes to the conclusion that a general escape provision is to be avoided except for the ‘tra- acting business’ rule where – in accordance with the paradigm proposed – international jurisdiction can be avoided in favour of the defendant’s home court when the dispute is insufficiently connected with the forum making it unfair under the circumstances to expect the defendant to be subjected to the jurisdiction of that court. In this respect, a balanced approach to predictability and flexibility is being proposed.

Download or read book Crisis matrimoniales internacionales written by Rafael Arenas García and published by Univ Santiago de Compostela. This book was released on 2004 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: La regulación de las crisis matrimoniales internacionales en el DIPr. español se ha visto alterada en los últimos años y son previsibles aún cambios en el futuro. En el sector de la competencia judicial internacional, la entrada en vigor de los Reglamentos comunitarios 1347/2000 y 2201/2003 ha implicado transformaciones en el sistema a las que tendremos que añadir las que se deriven de la previsible entrada en vigor del Convenio de La Haya de 1996 en materia de protección de menores. En el ámbito del Derecho aplicable, la reforma en el año 2003 del art. 107 del C.c. ha alterado elementos de la regulación en aquellos puntos que la jurisprudencia había mostrado como problemáticos en los últimos años. Finalmente, en el sector de la eficacia extraterritorial de decisiones nos encontramos, de nuevo, con la necesidad de considerar la incidencia de los Reglamentos comunitarios 1347/2000 y 2201/2003, además de la reciente reforma de la LEC de 1881.

Download or read book Common Core and Better Law in European Family Law written by Katharina Boele-Woelki and published by Intersentia nv. This book was released on 2005 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains twenty-three contributions delivered at the CEFL's second international conference which took place in Utrecht in December 2004. The interventions written by both experienced family experts as well as young researchers cover those fields of family law that are closely related to the activities of the CEFL: (1) divorce and maintenance between former spouses, (2) parental responsibilities, (3) informal long-term relationships and (4) the revised Brussels II Regulation. Furthermore, the opening two contributions deal not only with essential aspects of the harmonisation process of family law in Europe but also with the CEFL's working method.