The Eu Regulations On Matrimonial And Patrimonial Property
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The Eu Regulations On Matrimonial And Patrimonial Property
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Author : Ulf Bergquist
language : en
Publisher: Oxford University Press, USA
Release Date : 2019
The Eu Regulations On Matrimonial And Patrimonial Property written by Ulf Bergquist and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
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.
The Eu Regulations On The Property Regimes Of International Couples
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Author : Ilaria Viarengo
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-06-26
The Eu Regulations On The Property Regimes Of International Couples written by Ilaria Viarengo 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 2020-06-26 with Law categories.
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.
The Eu Regulations On Matrimonial Property And Property Of Registered Partnerships
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Author : Lucia Ruggeri
language : en
Publisher: Intersentia
Release Date : 2022-02-25
The Eu Regulations On Matrimonial Property And Property Of Registered Partnerships written by Lucia Ruggeri and has been published by Intersentia this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-25 with categories.
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.
Principles Of European Family Law Regarding Property Relations Between Spouses
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Author : Katharina Boele-Woelki
language : en
Publisher:
Release Date : 2013
Principles Of European Family Law Regarding Property Relations Between Spouses written by Katharina Boele-Woelki and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Divorce categories.
The Principles of European Family Law - drafted by the Commission on European Family Law (CEFL) - contain models which may be used for the harmonization of family law in Europe. This book contains the Principles regarding property relations between spouses. In these Principles, the CEFL has developed an all-inclusive set of rules for two matrimonial property regimes: the participation in acquisitions and the community of acquisitions. Both regimes have been put on an equal footing. Each matrimonial property regime, whether it functions as a default or as an optional regime, is strongly connected with the rights and duties of the spouses and the possibility for them to make a marital property agreement. These issues have also been addressed by including two common chapters on the general rights and duties of spouses and on marital property agreements, which are to be applied regardless of which of the regimes applies. (Series: European Family Law - Vol. 33)
Balkan Yearbook Of European And International Law 2022
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Author : Ivana Kunda
language : en
Publisher: Springer Nature
Release Date : 2023-05-12
Balkan Yearbook Of European And International Law 2022 written by Ivana Kunda and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-12 with Law categories.
The fourth volume of the Balkan Yearbook of European and International Law (BYEIL) presents nine new articles offering scholarly insights into a variety of legal issues, with a special focus on the countries of Southeast Europe. All six articles in the special section reflect the authors’ efforts to untangle difficult questions concerning family property in private international law. Addressing a range of topics, leading national experts in the respective areas discuss Bosnian and Herzegovinian, Croatian, Greek, Lithuanian and Turkish law. In turn, the general sections on European law and international law include three articles on diverse topics in private and public law, from a fresh take on the legal and practical effects of Brexit over EUTMs, and the legal nature of cryptocurrencies in different jurisdictions, to difficulties establishing the rule of law in Bosnia and Herzegovina.
Eu Cross Border Succession Law
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Author : Bariatti, Stefania
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-06-10
Eu Cross Border Succession Law written by Bariatti, Stefania 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 2022-06-10 with Law categories.
With cross-border successions becoming increasingly common in the context of the European Union, this timely book offers a systematic practical analysis of how cross-border successions should be treated, including examination of which courts may establish jurisdiction over succession disputes and which law governs such disputes. Studying cross-border successions in the context of estate planning and in the opening and liquidation of a succession, it examines the specificities of the European Certificate of Succession, contextualising it within its interface with the national laws and practice of EU Member States.
The Private International Law Of Authentic Instruments
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Author : Jonathan Fitchen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-11-26
The Private International Law Of Authentic Instruments written by Jonathan Fitchen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-26 with Law categories.
This helpful book will equip the lawyer – whether notary, barrister or solicitor – with the legal information necessary to understand what an authentic instrument is (and what it is not), what it can (and what it cannot) be used to do in the course of contentious or noncontentions legal proceedings. The book takes a two part approach. Part one focuses on an explanation of the nature of the foreign legal concept of an authentic instrument, setting out the modes of creation, typical domestic evidentiary effects and the typical domestic options to challenge such authentic instruments. Part two then examines and analyses authentic instruments under specific European Union private international law regulations, focusing on the different cross-border legal effects allowed and procedures that apply to each such. Rigorous, authoritative and comprehensive, this will be an invaluable tool to all practitioners in the field.
Private International Law
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Author : Symeon C. Symeonides
language : en
Publisher: BRILL
Release Date : 2021-11-08
Private International Law written by Symeon C. Symeonides and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-08 with Law categories.
This book compares the two golden ages of private international law (PIL): the first is the era of Story and Savigny in the nineteenth century, while the second comprises the last fifty years. The period between 1970 and 2020 has been one of rapid changes and dense legislative responses, exemplified by the adoption of over one hundred national PIL codifications and almost as many international or regional conventions and regulations. These instruments provide a rich source for this book’s incisive and instructive comparisons and a fertile ground for a reliable assessment of the progress of PIL as a discipline. This book skillfully uncovers and meticulously documents the gradual—and largely unnoticed—transition of PIL from the idealism of the nineteenth century to the pragmatic eclecticism and pluralism of the twenty-first century.
Planning The Future Of Cross Border Families
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Author : Ilaria Viarengo
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-10-15
Planning The Future Of Cross Border Families written by Ilaria Viarengo and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-15 with Law categories.
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).
General Principles Of European Private International Law
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Author : Stefan Leible
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-02-22
General Principles Of European Private International Law written by Stefan Leible and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-22 with Law categories.
European private international law, as it stands in the Rome I, II, and III Regulations and the recent Succession Regulation, presents manifold risks of diverging judgments despite seemingly harmonised conflict of law rules. There is now a real danger, in light of the rapid increase in the number of legal instruments of the European Union on conflict of laws, that European private international law will become incoherent. This collection of essays by twenty noted scholars in the field sheds clear light on the pivotal issues of whether a set of overarching rules (a 'general part') is required, whether an EU regulation is the adequate legal instrument for such a purpose, which general questions such an instrument should address, and what solutions such an instrument should provide. In analysing the possible emergence of general principles in European private international law over the past years, the contributors discuss such issues and factors as the following: – the relationship between conflict of laws and recognition; - the room for party autonomy; - the concept of habitual residence; - adaptation when interplay between different laws leads to deadlock; - public policy exceptions; - the desirability of a general escape clause; - the classic topics of characterisation, incidental question, and renvoi; and - right to appeal in case of errors in the application of foreign law. Practitioners dealing with these notoriously difficult cases will welcome this in-depth treatment of the issues, as will interested policymakers throughout the EU Member States and at the EU level itself. Scholars will discover an incomparable comparative analysis leading to expert recommendations in European private international law, opening the way to an effective European framework in this area.