The Eu Regulations On The Property Regimes Of International Couples


The Eu Regulations On The Property Regimes Of International Couples
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The Eu Regulations On The Property Regimes Of International Couples


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.



Cross Border Couples Property Regimes In Action Before Courts Understanding The Eu Regulations 1103 And 1104 2016 In Practice


Cross Border Couples Property Regimes In Action Before Courts Understanding The Eu Regulations 1103 And 1104 2016 In Practice
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Author : María José Cazorla González
language : en
Publisher: Dykinson
Release Date : 2022-09-09

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 has been published by Dykinson this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-09 with Law categories.


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.



The Eu Regulations On Matrimonial Property And Property Of Registered Partnerships


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.



The Rome Iii Regulation


The Rome Iii Regulation
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Author : Sabine Corneloup
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-02-28

The Rome Iii Regulation written by Sabine Corneloup 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 2020-02-28 with Law categories.


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.



The Optional Matrimonial Property Regime


The Optional Matrimonial Property Regime
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Author : Maria Giovanna Cubeddu Wiedemann
language : en
Publisher: Intersentia
Release Date : 2014

The Optional Matrimonial Property Regime written by Maria Giovanna Cubeddu Wiedemann and has been published by Intersentia this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Marital property categories.


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.



Principles Of European Family Law Regarding Property Relations Between Spouses


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)



Perspectives For The Unification And Harmonisation Of Family Law In Europe


Perspectives For The Unification And Harmonisation Of Family Law In Europe
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Author : Katharina Boele-Woelki
language : en
Publisher: Intersentia nv
Release Date : 2003

Perspectives For The Unification And Harmonisation Of Family Law In Europe 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 Domestic relations categories.


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.



Law Applicable To Matrimonial Property Regimes


Law Applicable To Matrimonial Property Regimes
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Author : Hague Conference on Private International Law
language : en
Publisher:
Release Date : 1976

Law Applicable To Matrimonial Property Regimes written by Hague Conference on Private International Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Conflict of laws categories.




European Family Law Volume Iii


European Family Law Volume Iii
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Author : Jens M. Scherpe
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-01-29

European Family Law Volume Iii written by Jens M. Scherpe 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 2016-01-29 with LAW categories.


This four-volume set maps the emerging European family law. It is intended to serve as a resource for anyone interested in this area of law, as well as a basis for teaching on comparative and international family law courses. The first volume examines t



Planning The Future Of Cross Border Families


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).