Cross-border couples property regimes in action before courts. Understanding the eu regulations 1103 and 1104/2016 in practice PDF Download
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Author: María José Cazorla González
Publisher: Dykinson
ISBN: 8411225070
Category : Law
Languages : en
Pages : 293
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Book Description
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.
Author: María José Cazorla González
Publisher: Dykinson
ISBN: 8411225070
Category : Law
Languages : en
Pages : 293
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Book Description
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.
Author: Ilaria Viarengo
Publisher: Edward Elgar Publishing
ISBN: 1788115090
Category : Law
Languages : en
Pages : 561
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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
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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: Thomas Pfeiffer
Publisher:
ISBN: 9783968220901
Category :
Languages : en
Pages : 276
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Book Description
Author: Ilaria Viarengo
Publisher: Bloomsbury Publishing
ISBN: 1509919880
Category : Law
Languages : en
Pages : 976
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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: Richard Frimston
Publisher: Oxford University Press, USA
ISBN: 9780198727255
Category : Law
Languages : en
Pages : 0
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Book Description
Provides the only comprehensive analysis of the key issues in relation to mental capacity in 52 jurisdictions, delivered by renowned experts in the field. Contains full details of the practical issues involved in advising in cases involving Convention XXXV.
Author: Ulrich Magnus
Publisher: Walter de Gruyter
ISBN: 3866539045
Category : Law
Languages : en
Pages : 545
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Book Description
Author: Vesna Lazić
Publisher: Springer
ISBN: 9462651477
Category : Law
Languages : en
Pages : 152
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Book Description
This book focuses on major amendments introduced in the Brussels I regulatory framework. The contributions scrutenise the changes introduced in the Brussels Ibis Regulation, a legal instrument that presents a core of the unification of private international law rules on the European Union level. It is one of the first publications addressing all the changes in the Brussels I regulatory scheme, which takes into consideration relevant CJEU case law up to July 2016. The texts, written by legal scholars who have published extensively in the field of private international law and international civil procedure, will add to the development of EU private international law. In addition, the authors’ critical analysis may open further discussions on the topic and so benefit a consistent and harmonised application of the Regulation. In this respect the book takes a different approach than the commentaries which have so far been published. It is primarily meant for legal academics in private international law and practitioners who are regularly engaged in cross-border civil proceedings. It may also be of added value to advanced students and to those with a particular interest in the subject of international litigation and more generally in the area of dispute resolution. Vesna Lazić is a Senior Researcher at the T.M.C. Asser Instituut, an Associate Professor of Private Law at Utrecht University and Professor of European Civil Procedure at the University of Rijeka. Steven Stuij is an expert in Private International Law and an external Ph.D. candidate at Erasmus School of Law, Rotterdam.
Author: Ulf Bergquist
Publisher: Oxford University Press, USA
ISBN: 9780198826552
Category : Law
Languages : en
Pages : 0
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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: David Erickson
Publisher:
ISBN:
Category : Poverty
Languages : en
Pages : 234
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Book Description
This report--a joint effort of the Federal Reserve's Community Affairs function and the Brookings Institution's Metropolitan Policy Program--examines the issue of concentrated poverty and profiles 16 high-poverty communities from across the country, including immigrant gateway, Native American, urban, and rural communities. Through these case studies, the report contributes to our understanding of the dynamics of poor people living in poor communities, and the policies that will be needed to bring both into the economic mainstream. It is not the intention of this publication to explain poverty causation. Instead, the goal is to add texture to our understanding of where and how concentrated poverty exists, by studying new areas and by interviewing local stakeholders, including residents, community leaders, and government representatives, to understand how concentrated poverty affects both individuals and communities. The report begins with "Concentrated Poverty in America: An Overview" (Alan Berube) and "Introduction to the Case Studies" (Carolina Reid). It then presents the following 16 case studies: (1) Fresno, California: the West Fresno neighborhood (Naomi Cytron); (2) Cleveland, Ohio: the Central neighborhood (Lisa Nelson); (3) Miami, Florida: the Little Haiti neighborhood (Ana Cruz-Taura and Jessica LeVeen Farr); (4) Martin County, Kentucky (Jeff Gatica); (5) Blackfeet Reservation, Montana (Sandy Gerber, Michael Grover, and Sue Woodrow); (6) Greenville, North Carolina: the West Greenville neighborhood (Carl Neel); (7) Atlantic City, New Jersey: the Bungalow Park/Marina District area (Harriet Newburger, John Wackes, Keith Rolland, and Anita Sands); (8) Austin, Texas: the East Austin neighborhood (Elizabeth Sobel); (9) McKinley County, New Mexico: Crownpoint (Steven Shepelwich and Roger Zalneraitis); (10) McDowell County, West Virginia (Courtney Anderson Mailey); (11) Albany, Georgia: the East Albany neighborhood (Jessica LeVeen Farr and Sibyl Slade); (12) El Paso, Texas: the Chamizal neighborhood (Roy Lopez); (13) Springfield, Massachusetts: Old Hill, Six Corners, and the South End neighborhoods (DeAnna Green); (14) Rochester, New York: the Northern Crescent neighborhoods (Alexandra Forter Sirota and Yazmin Osaki); (15) Holmes County, Mississippi (Ellen Eubank); and (16) Milwaukee, Wisconsin: the Northwest neighborhood (Jeremiah Boyle). Following these case studies is "Learning from Concentrated Poverty in America: A Synthesis of Themes from the Case Studies" (Alan Berube, David Erickson, and Carolina Reid). Appended to this report are: (A) References for Comparison Statistics Tables; (B) Literature Review: Federal Reserve System Poverty-Related Research; (C) References for Overview in Alphabetical Order (by First Author); and (D) Photo Credits. (Individual case studies contain tables, figures, and footnotes.).
