Download or read book The EU Regulations on Matrimonial Property and Property of Registered Partnerships written by Lucia Ruggeri and published by Intersentia. This book was released on 2022-02-25 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: As on 1 January 2020, some three percent of the population of the EU were citizens of one member state living and/or working in the territory of a member state other than that of which they are a citizen. In addition, around five percent of the resident population of the EU consisted of third country nationals. Naturally, these diasporic groups formed cross-border couples consisting of partners of different nationalities or partners of the same nationality both living in a country other than that of their origin. This reality, to be sure, raises many legal questions for the persons involved where the national family laws of several countries come into play. In an effort to bring about added legal certainty and predictability to couples in cross-border situations, the EU adopted several instruments often referred to together as ?EU private international family law?.00This volume examines the two most recent of these: the Matrimonial Property Regulation (Regulation (EU) 2016/1103) and the Regulation on the Property Consequences of Registered Partnerships (Regulation (EU) 2016/1104), together referred to as the ?Twin Regulations?. These have proved to be a crucial piece of the European family law puzzle, regulating aspects of the everyday lives of those concerned. This book presents an in-depth analysis of these instruments, revealing the substance of the provisions in the regulations and exploring their practical implications in EU family law by discussing questions that are closely related to matrimonial and partnership property regimes. The contributors also cover the relevant CJEU case law and, where available, the national case law of the EU countries. Case studies are used to interrogate the potentialities of these new instruments.
Download or read book The EU Regulations on the Property Regimes of International Couples written by Ilaria Viarengo and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article-by-article Commentary on EU Regulations 2016/1103 and 2016/1104 critically examines the uniform rules adopted by the EU to deal with the property relations of international couples, both married and in registered partnerships. Written by experts from a variety of European countries, it offers a comprehensive side-by-side discussion of the two Regulations to provide context and a deeper understanding of the issues of jurisdiction, applicable law and recognition of judgements covered.
Download or read book Matrimonial Property Regimes and Property Consequences of Registered Partnerships written by Benedetta Bursese and published by . This book was released on 2017 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The EU Regulations on Matrimonial and Patrimonial Property written by Ulf Bergquist and published by Oxford University Press, USA. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is an article-by-article commentary on Council (EU) Regulation 2016/1103 on matrimonial property and its parallel Regulation on patrimonial property for registered partners, which will come into force on 29th January 2019 on the basis of enhanced cooperation between 18 Member States.
Download or read book Matrimonial Property Regimes and Patrimonial Aspects of Other Forms of Union written by and published by . This book was released on 2010 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt: This note provides an objective analysis of the property law aspects of living together in situations where the relationship has connections with more than one EU Member State. The analysis focuses on couples, whether opposite-sex or same-sex relationships, living together either in the form of a marriage, a registered partnership or who de facto live together. The note identifies main problems related to the matrimonial property regimes and patrimonial aspects of other forms of union with a cross-border dimension and concludes by making some recommendations.
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 The EU Regulations on Matrimonial Property and Property of Registered Partnerships written by Lucia Ruggeri and published by . This book was released on 2022 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Perspectives for the Unification and Harmonisation of Family Law in Europe written by Katharina Boele-Woelki and published by Intersentia nv. This book was released on 2003 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.
Download or read book The Rome III Regulation written by Sabine Corneloup and published by Edward Elgar Publishing. This book was released on 2020-02-28 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Written by a team of renowned experts, private international law scholars and practitioners alike will find this Commentary an incisive and useful point of reference.
Download or read book The Future of Registered Partnerships written by Jens M. Scherpe and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, leading family law experts from 15 European and non-European countries present and explain the history and function of registered partnerships in their own family law systems as well as the role registered partnerships play under the ECHR and under EU law.
Download or read book European Family Law Volume I written by Jens M. Scherpe and published by Edward Elgar Publishing. This book was released on 2016-01-29 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Impact of Institutions and Organisations on European Family Law looks at the impact that institutions and organisations have had, and continue to have, on European family law. In many ways the chapters in this volume provide the easiest explanation for the existence of a European family law. While there is no European body that could actually legislate definitively on family law – even the European Union has no such mandate – there are still some obvious institutions that have a very direct impact on European family law. These can be divided into two groups; namely those that have a direct impact, such as the European Court of Human Rights and the European Union, and those that have an indirect impact, such as the Commission on European Family Law (CEFL), the Council of Europe and the International Commission on Civil Status (ICCL/CIEC) as well as the private international law instruments of the Hague Conference (HCCH) and the EU. Together, with religion, all of these institutions are contributing to the creation of a European family law. This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.
Download or read book The Optional Matrimonial Property Regime written by Maria Giovanna Cubeddu Wiedemann and published by Intersentia. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The optional matrimonial property regime of the community of accrued gains was created to address legal difficulties that may arise from marriages between persons of different nationalities or persons not living in their country of origin. It is the result of a treaty between France and Germany that entered into force in 2013. As this regime approaches cross-border conflicts using substantive legal rules, it has a unique character and is considered to be the first step towards the harmonization of European family law. This regime is of interest beyond the borders of France and Germany because other Member States of the EU can accede to the treaty. Further, the optional matrimonial property regime is open not only to marriages between French and German nationals, but also to French or German couples living abroad, or foreign couples living in France or Germany. To make the Franco-German treaty more accessible to lawyers, this book contains the optional matrimonial property regime in five languages, namely German and French - the official languages - and English, Italian, and Spanish. Each article of the optional matrimonial property regime is accompanied by a short commentary. Moreover, to provide the reader with additional background information, translations of the memoranda and explanatory reports are also included.
Download or read book Statutes on Private International Law Europe written by Robert Smith and published by . This book was released on 2018-01-30 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Statutes on Private International Law applicable in Europe are presented in a logical manner for the benefit of the reader. The book provides the reader with an easy access to the applicable Regulations and International Conventions on Jurisdiction, the Applicable Law, Recognition and Enforcement of Foreign Judgments and Procedure. The book includes: the Brussels I bis / recast Regulation, the Brussels II bis / revised Regulation, the Rome I Regulation, the Rome II Regulation, the Rome III Regulation, the European Enforcement Order Regulation, the Service Regulation, the Evidence Regulation, the European Order for Payment, the European Small Claims Procedure, the Insolvency bis / recast Regulation, the Succession Regulation, the Matrimonial Property Regimes Regulation, the Property Consequences of Registered Partnerships Regulation. International Conventions are included, i.e. the Lugano II Convention on Jurisdiction and Enforcement, and the 2005 Hague Convention on Choice of Court Agreements.
Download or read book European Family Law Volume III written by Jens M. Scherpe and published by Edward Elgar Publishing. This book was released on 2016-01-29 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Family Law in a European Perspectiveexamines core aspects of family law from a comparative European perspective: marriage, divorce, cohabitation, same-sex relationships, the financial consequence of divorce, adoption, parentage and surrogacy, parental responsibility, the child's welfare, and law concerning older people. These topics have been the most debated in family law over the past century. They cover areas where national family laws have reacted, or will need to react, to the challenges of societal changes, medical advances and institutional pressures including decisions of the European Courts. The contributions show diversity in, as well as developments towards, a common European family law. This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners. Contributors: M. Antokolskaia, P. Beaumont, I. Curry-Sumner, C. Fenton-Glynn, J. Ferrer-Riba, R. George, J. Herring, J. Miles, J.M. Scherpe, C. Sörgjerd, K. Trimmings
Download or read book European Family Law in Action Maintenance between former spouses written by Katharina Boele-Woelki and published by Intersentia nv. This book was released on 2003 with total page 1 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains detailed information about maintenance between former spouses in twenty-two European legal systems. The expert members of the Commission on European Family Law prepared comprehensive national reports on the basis of a detailed questionnaire on the grounds for divorce (see EFL-series No.2) and the maintenance between former spouses. In addition to these national reports (which are available on the website of the Commission on European Family Law), this book integrates all the given answers in order to provide an overview and a straightforward simultaneous comparison of the different solutions chosen within the national systems. On the basis of this comparative material the Commission on European Family Law will formulate Principles of European Family Law.
Download or read book Cross Border Litigation in Europe written by Paul Beaumont and published by Bloomsbury Publishing. This book was released on 2017-11-16 with total page 865 pages. Available in PDF, EPUB and Kindle. Book excerpt: This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.
Download or read book Diversity of Enforcement Titles in the EU written by Vesna Rijavec and published by Springer Nature. This book was released on 2023-12-30 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the diversity of enforcement titles in cross-border debt collection, focusing on the types, structure, contents and effects of enforcement titles. It offers a comprehensive overview of judgments, court settlements and authentic instruments from a variety of EU Member States. It primarily employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws. The premise of the research is rooted in the finding that national authorities of EU Member States continue to treat enforcement titles from other Member States with reservations and mistrust despite being committed to the principle of mutual trust. The book identifies the issues of mistrust stemming from the diversity of enforcement titles. The research is based on a rich database of national reports compiled during the course of several large-scale EU Justice Projects. Divided into five parts, the book offers first some general considerations and presents attempts at a systemisation of enforcement titles. The following parts are then devoted to more specialised approaches toward the different types of enforcement titles. However, the connecting line between all parts of the book are the considerations of cross-border enforcement in the EU (and in a limited manner with third States). Herein, research also addresses critical factors regarding the free movement of judgments in the EU, including those of lis pendens and related actions. This book provides a valuable contribution to the Theory of European Civil Procedure. Since it is based on a comparative approach and employs both empirical and doctrinal viewpoints, it should also greatly benefit practitioners involved in cross-border dispute resolution. Overall, the findings should be of interest to a broad audience, including policymakers, judges, practitioners and scholars.
