The Optional Matrimonial Property Regime


The Optional Matrimonial Property Regime
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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)



Foreign Approaches To The Division Of Matrimonial Property


Foreign Approaches To The Division Of Matrimonial Property
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Author : Library of Congress. Law Library
language : en
Publisher: Washington : The Library
Release Date : 1978

Foreign Approaches To The Division Of Matrimonial Property written by Library of Congress. Law Library and has been published by Washington : The Library this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Community property categories.




Marital Agreements And Private Autonomy In Comparative Perspective


Marital Agreements And Private Autonomy In Comparative Perspective
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Author : Jens M Scherpe
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-02-24

Marital Agreements And Private Autonomy In Comparative Perspective written by Jens M Scherpe and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-24 with Law categories.


This book deals with a subject that has recently been the focus of debate and law reform in many jurisdictions: how much scope should spouses have to conclude agreements concerning their financial affairs - and under what circumstances should such agreements be binding and enforceable? These marital agreements include pre-nuptial, post-nuptial and separation agreements. The book is the result of a British Academy-funded research project which investigated and compared the relevant law of England and Wales, Australia, Austria, Belgium, France, Germany, Ireland, the Netherlands, New Zealand, Scotland, Singapore, Spain, Sweden and the jurisdictions of the United States. In addition to chapters on these jurisdictions, the book includes a chapter on the 'English practitioner's view'. It also provides a comparative analysis of the different matrimonial property regimes and the rules on marital agreements that explores underlying themes and principlesand makes recommendations for regulating marital agreements. A key theme is the function and effect of marital agreements in the different jurisdictions. Thus, each chapter first explains the underlying 'default' rules for ancillary relief/matrimonial property and maintenance. It then analyses the current rules for marital agreements, and gives a brief account of the private international law rules. The book provides a comprehensive source of reference on ancillary relief/matrimonial property and maintenance and the rules on pre-nuptial, post-nuptial and separation agreements in 14 jurisdictions. It offers guidance for academics and practitioners dealing with international matters, and a basis for discussions on law reform. 'I applaud the vision and perseverance of Jens Scherpe in having conceived this book and, with so much distinguished help, in now bringing it to birth. I will be using it for many years and I warmly invite my fellow family lawyers across the world to do likewise.' Foreword by The Rt Hon Lord Wilson of Culworth, Justice of the Supreme Court of the United Kingdom



The Law Of Open Societies


The Law Of Open Societies
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Author : Jürgen Basedow
language : en
Publisher: BRILL
Release Date : 2015-06-16

The Law Of Open Societies written by Jürgen Basedow and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-16 with Law categories.


This book endeavours to interpret the development of private international law in light of social change. Since the end of World War II the socio-economic reality of international relations has been characterised by a progressive move from closed to open societies. The dominant feature of our time is the opening of borders for individuals, goods, services, capital and data. It is reflected in the growing importance of ex ante planning – as compared with ex post adjudication – of cross-border relations between individuals and companies. What has ensued is a shift in the forces that shape international relations from states to private actors. The book focuses on various forms of private ordering for economic and societal relations, and its increasing significance, while also analysing the role of the remaining regulatory powers of the states involved. These changes stand out more distinctly by virtue of the comparative treatment of the law and the long-term perspective employed by the author. The text is a revised and updated version of the lectures given by the author during the 2012 summer courses of the Hague Academy of International Law.



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.



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).



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



European Family Law Volume Ii


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

European Family Law Volume Ii 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.


The Changing Concept of ‘Family’ and Challenges for Domestic Family Law explores the changing concept of ‘family’, with the current social, political, medical and scientific challenges for domestic family law discussed in over 20 European jurisdictions. National reports describe the current law and legal development for ‘horizontal’ (the law of relationships between adults such as marriage, divorce, cohabitation, same-sex relationships), ‘vertical’ (the law governing the relationships between adults and children, such as parentage including artificial reproductive techniques and surrogacy, parental responsibility and adoption) and ‘individual’ (the law of names and recognition of gender identity) family law. They show that, while considerable legal and societal diversity still exists within Europe, family law, in many areas, is developing along similar lines, with a convergence towards 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.



Changing God S Law


Changing God S Law
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Author : Nadjma Yassari
language : en
Publisher: Routledge
Release Date : 2016-06-03

Changing God S Law written by Nadjma Yassari and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-03 with Law categories.


This volume identifies and elaborates on the significance and functions of the various actors involved in the development of family law in the Middle East. Besides the importance of family law regulations for each individual, family law has become the battleground of political and social contestation. Divided into four parts, the collection presents a general overview and analysis of the development of family law in the region and provides insights into the broader context of family law reform, before offering examples of legal development realised by codification drawn from a selection of Gulf states, Iran, and Egypt. It then goes on to present a thorough analysis of the role of the judiciary in the process of lawmaking, before discussing ways the parties themselves may have shaped and do shape the law. Including contributions from leading authors of Middle Eastern law, this timely volume brings together many isolated aspects of legal development and offers a comprehensive picture on this topical subject. It will be of interest to scholars and academics of family law and religion.