Die Scheidung Im Brasilianisch Deutschen Rechtsverkehr Vor Und Nach Dem Inkrafttreten Der Rom Iii Vo
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Die Scheidung Im Brasilianisch Deutschen Rechtsverkehr Vor Und Nach Dem Inkrafttreten Der Rom Iii Vo
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Author : Thaís de Paula Leite Reganati Ruiz
language : de
Publisher: diplom.de
Release Date : 2015-02-01
Die Scheidung Im Brasilianisch Deutschen Rechtsverkehr Vor Und Nach Dem Inkrafttreten Der Rom Iii Vo written by Thaís de Paula Leite Reganati Ruiz and has been published by diplom.de this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-01 with Law categories.
In den letzten Jahren gab es eine deutliche Zunahme der Scheidungen in Brasilien und in Deutschland. [...] So wächst die Zahl der binationalen Ehen, z.B. zwischen Brasilianern und Deutschen schrittweise. Im Falle einer Scheidung besteht, keine bzw. wenig Kenntnis der jeweiligen persönlichen Rechte. Hinzu kommen Verständigungsschwierigkeiten aufgrund mangelnder Sprachkenntnisse. Hier stellt sich die Frage, welche Gerichte in dieser Situation für Scheidungen zwischen Ehepartnern gleicher oder verschiedener Nationalität zuständig sind. Hierbei geht es um Eheleute die entweder in Brasilien oder in Deutschland leben. Welches Recht ist anwendbar? Deutsches oder Brasilianisches Recht? Sind eine grenzüberschreitende Anerkennung und Vollstreckung gerichtlicher Entscheidungen möglich? Wenn ja, wie? Was sollte man tun? Mit diesen Fragestellungen beschäftigt sich die folgende Magisterarbeit. Das Hauptthema dieser Magisterarbeit liegt in der Sphäre des internationalen Privatrechts, was besonders aktuell ist und eine nähere Betrachtung verdient. Die Arbeit ist in vier Kapitel gegliedert. Zu Beginn geht es um einen allgemeinen Ansatz der Entwicklung des Familienrechts. Das darauf folgende Kapitel befasst sich mit der Scheidung in Brasilien und in Deutschland im Vergleich zueinander. Das dritte Kapitel behandelt das internationale Ehescheidungsrecht im brasilianisch-deutschen Rechtsverkehr vor und nach der Rom III-VO (Verordnung (EU) n°1259/2010 ist ab 21.6.2012 gültig) anhand von praktischen Fällen. Schließlich wird die Anerkennung der Entscheidung der ausländischen Ehescheidungen in Brasilien und in Deutschland aufgeführt.
European Family Law In Action Maintenance Between Former Spouses
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Author : Katharina Boele-Woelki
language : en
Publisher: Intersentia nv
Release Date : 2003
European Family Law In Action Maintenance Between Former Spouses written by Katharina Boele-Woelki and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Alimony categories.
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.
Judicial Sales Of Ships
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Author : Lief Bleyen
language : en
Publisher: Springer
Release Date : 2015-12-16
Judicial Sales Of Ships written by Lief Bleyen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-16 with Law categories.
This work focuses on a specific aspect of the enforcement of maritime claims, namely judicial sales of ships, a procedure creditors typically resort to in the event of an irreversible default situation. A substantial part of the book approaches the topic from a comparative perspective, the goal being to assess the similarities and differences of the judicial sale procedure between three specific jurisdictions: Belgium, the Netherlands, and England & Wales. In this study, the comparison is used to further analyse the impacts of these differences on the effectiveness and reliability of the judicial sale procedure in each jurisdiction and also forms the basis for assessing the feasibility of harmonising judicial sale procedures and fostering their acceptance. Considering the international character typical of judicial sales of ships, conflict-of-law questions are very likely to arise during these procedures. Accordingly, the comparative study, where appropriate, is viewed against a private international law background.
Commentaries On European Contract Laws
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Author : Nils Jansen
language : en
Publisher: Oxford University Press
Release Date : 2018-07-13
Commentaries On European Contract Laws written by Nils Jansen and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-13 with Law categories.
The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.
Comparative Succession Law
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Author : Kenneth G C Reid
language : en
Publisher: Oxford University Press
Release Date : 2020-10-09
Comparative Succession Law written by Kenneth G C Reid and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-09 with Law categories.
This third volume in a series on Comparative Succession Law concerns the entitlement of family members to override the provisions of a deceased person's will to obtain money or assets (or more money or assets) from the person's estate. Some countries, notably those in the civil law tradition (such as France or Germany), confer a pre-ordained share of the deceased's estate or of its value on certain members of the deceased's family, and especially on the deceased's children and spouse. Other countries, notably those in the common law tradition (such as England, Canada, or Australia), leave the matter to the discretion of the court, the amount awarded depending primarily on financial need. Whichever form it takes, mandatory family provision is both a protection against disinheritance and also, therefore, a restriction on testamentary freedom. The volume focuses on Europe and on countries influenced by the European experience. In addition to detailed treatment of the law in Austria, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Norway, Poland, Scotland, and Spain, the book also has chapters on Australia and New Zealand, South Africa, the United States, Canada, the countries of Latin America, and the People's Republic of China. Some other countries are covered more briefly, and there is a separate chapter on Islamic law. The book opens with accounts of Roman law and of the law in medieval and early-modern Europe, and it concludes with a comparative assessment of the law as it is today in the countries and legal traditions surveyed in this volume.
Recueil Des Cours Collected Courses Of The Hague Academy Of International Law
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Author :
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1993-04-02
Recueil Des Cours Collected Courses Of The Hague Academy Of International Law written by and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-04-02 with Law categories.
The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law," This volume containes: - General Course of Private International Law by F. VISCHER, Professor at the University of Basel; - Les consequences de l'integration europeenne sur le developpement du droit international prive;, par A.V.M. STRUYCKEN, professeur; a l'Universite; catholique de Nimege.
Research Handbook On Intellectual Property And Competition Law
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Author : Josef Drexl
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
Research Handbook On Intellectual Property And Competition Law written by Josef Drexl and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
The volume offers an outstanding collection of studies on the interaction of IP and competition policy and is highly recommended for academics, graduate students, and practitioners with an interest in more theoretical studies. Ioannis Lianos, World Competition Each chapter in the Research Handbook on Intellectual Property and Competition Law is written so lucidly that it will be of great interest to law professors and post graduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law. Madhu Sahni, Journal of Intellectual Property Rights This is a book that delivers on its promise. With a strong cast of contributors from a variety of countries, economies and disciplines, it makes the reader wonder how any commercially attractive IP ever gets exploited at all. IPKAT Here it comes: the book that I have been waiting for! This will surely be an inspiring source of knowledge in my Masters Programme in European Intellectual Property Law at Stockholm University. While promoting intellectual property protection as an important means for innovations and cultural developments, a critical analysis and a flexible approach to the needs for free creative space and effective competition is crucial. As this book so well illustrates, this delicate balance is no either or. Marianne Levin, Stockholm University, Sweden This comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright. Appropriate space is devoted to the latest developments in European and American antitrust law, such as the more economic approach and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework. These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.
European Contract Law
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Author : Hein Kötz
language : en
Publisher: Oxford University Press
Release Date : 2017
European Contract Law written by Hein Kötz and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
This edition includes many updates and revisions to the first edition, especially in light of the changes to the French Code Civil. Furthermore, the book comprises a wealth of translated extracts of legislation, cases, and academic literature. This text comprehensively covers all aspects of contract law in several European jurisdictions.
Intestate Succession
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Author : Kenneth G. C. Reid
language : en
Publisher:
Release Date : 2015
Intestate Succession written by Kenneth G. C. Reid and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.
Kognitive Semantik Cognitive Semantics
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Author : Monika Schwarz
language : en
Publisher: Gunter Narr Verlag
Release Date : 1994
Kognitive Semantik Cognitive Semantics written by Monika Schwarz and has been published by Gunter Narr Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Cognitive grammar categories.