The EU Regulations on Matrimonial and Patrimonial Property PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The EU Regulations on Matrimonial and Patrimonial Property PDF full book. Access full book title The EU Regulations on Matrimonial and Patrimonial Property by Ulf Bergquist. Download full books in PDF and EPUB format.
Author: Ulf Bergquist
Publisher: Oxford University Press, USA
ISBN: 9780198826552
Category : Law
Languages : en
Pages : 0
Get Book Here
Book Description
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.
Author: Ulf Bergquist
Publisher: Oxford University Press, USA
ISBN: 9780198826552
Category : Law
Languages : en
Pages : 0
Get Book Here
Book Description
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.
Author: Ilaria Viarengo
Publisher: Edward Elgar Publishing
ISBN: 1788115090
Category : Law
Languages : en
Pages : 561
Get Book Here
Book Description
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.
Author: Lucia Ruggeri
Publisher: Intersentia
ISBN: 9781839701993
Category :
Languages : en
Pages : 350
Get Book Here
Book Description
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.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 15
Get Book Here
Book Description
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.
Author: Bariatti, Stefania
Publisher: Edward Elgar Publishing
ISBN: 1785365304
Category : Law
Languages : en
Pages : 576
Get Book Here
Book Description
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.
Author: Jonathan Fitchen
Publisher: Bloomsbury Publishing
ISBN: 1509907629
Category : Law
Languages : en
Pages : 504
Get Book Here
Book Description
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.
Author: Ivana Kunda
Publisher: Springer Nature
ISBN: 3031294327
Category : Law
Languages : en
Pages : 222
Get Book Here
Book Description
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.
Author: Ilaria Viarengo
Publisher: Bloomsbury Publishing
ISBN: 1509919880
Category : Law
Languages : en
Pages : 976
Get Book Here
Book Description
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).
Author: Stefan Leible
Publisher: Kluwer Law International B.V.
ISBN: 9041159649
Category : Law
Languages : en
Pages : 418
Get Book Here
Book Description
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.
Author: Symeon C. Symeonides
Publisher: BRILL
ISBN: 9004503919
Category : Law
Languages : en
Pages : 502
Get Book Here
Book Description
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.
