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Maintenance And Child Support in Private International Law (eBook)


ISBN13: 9781509903566
Published: March 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £34.19
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No one would dispute that the duty to provide for those that you have a legal and moral obligation to support is very important.

In the book the provisions in EU Maintenance Regulation no 4/2009 and the Hague Maintenance Convention of 2007 are analysed in order to discover what developments and therefore potential improvements have been made in relation to the recovery of maintenance from abroad.

The book also includes an empirical study on the first year of operation of the Maintenance Regulation. Data collected has been analysed in order to supplement the critique of the instruments. The information and analysis is used to suggest suitable solutions for the future which include, amendments to the Regulation and recommendations for best practice.

Subjects:
Family Law, eBooks
Contents:
1. Introduction
I. Introduction
II. Aim and Structure
III. Methodology
IV. Approach: Pragmatism
V. 'Maintenance' as a Concept
VI. Conclusion

2. History of the Recovery of Maintenance from Abroad
I. Introduction
II. First Steps-A Regime for the UK and His Majesty's Dominions
III. The First International Regime
IV. The Regime Established by the Hague Conference
V. Recovery of Maintenance in Europe
VI. The Initial Impact of the Regulation
VII. Conclusion

3. Scope: Maintenance Regulation
I. Introduction
II. Relationships the Regulation Applies to
III. Characterisation
IV. Conclusion

4. Scope: The 2007 Hague Convention
I. Introduction
II. Child Support
III. Spousal Support
IV. Other Forms of Maintenance
V. Conclusion

5. Jurisdiction
I. Introduction
II. Jurisdiction in EU Family Law
III. General Grounds of Jurisdiction
IV. Lack of Coherence and Possible Solutions
V. Choice of Court
VI. Jurisdiction Based on the Appearance of the Defendant
VII. Subsidiary Jurisdiction and Forum Necessitatis-No Room for National Law
VIII. Limits on Bringing Proceedings
IX. Conclusion

6. Hague Protocol on Applicable Law
I. Introduction
II. Scope
III. Law Applicable
A. General Rule
B. Special Rules
C. Choice of Applicable Law
IV Other Provisions
A. Public Policy and Determining the Amount of Maintenance
B. Exclusion of Renvoi
V. Conclusion

7. Recognition and Enforcement: Regulation
I. Introduction
II. The Procedures in the Maintenance Regulation
III. Non-Protocol States
IV. The Abolition of Exequatur
V. Possible Issues with the Abolition of Exequatur in EU Regulations
VI. The Implications of the Hague Protocol and other Methods of Mitigating the Effect of the Abolition of Exequatur in Maintenance Proceedings
A. The Hague Protocol
B. Articles 19 and 21
VII. Are the Separate Procedures Understood in Practice?
VIII. Suitable Alternative Arrangements
IX. Conclusion

8. Recognition and Enforcement: Convention
I. Introduction
II. Scope
III. Jurisdiction
A. Habitual Residence of the Respondent and the Creditor
B. Habitual Residence of the Child
C. Party Autonomy
D. Personal Status
IV. Grounds for Refusal
A. Ex Officio Review
B. Review by the Defendant
C. Summary
V. Procedure for Recognition and Enforcement
VI. Alternative Procedure for Recognition and Enforcement
VII. Conclusion

9. Actual Enforcement
I. Introduction
II. Convention
III. Common Provisions on Central Authorities
A. The Ongoing Enforcement of Maintenance Obligations
B. Collect and Transfer Payments
C. Provisional Measures
IV. Enforcement in Europe
A. The Procedure
B. Practice So Far
V. Case Law of the ECtHR on Enforcement
VI. Information Technology: iSupport
VII. Conclusion

10. Administrative Cooperation
I. Introduction
II. Designation of Central Authorities
III. General Functions
IV. Specific Functions
V. Legal Assistance
VI. Locate One of the Parties
VII. Information on Income and Other Financial Circumstances, Including the Location of Assets
VIII. Encourage Amicable Solutions
IX. Ongoing Enforcement
X. Collection and Expeditious Transfer
XI. Obtaining of Documentary or Other Evidence
XII. Parentage
XIII. Provisional Measures that have the Purpose of Securing the Outcome of a Pending Maintenance Application
XIV. Service
XV. Practical Application of Selected Provisions
A. Requests for Specific Measures
B. Meeting the Time Requirements
XVI. Potential Future Developments: Designing Suitable Minimum Standards
XVII. Conclusion

11. Conclusion
I. Scope and Characterisation
II. EU Solutions
III. International Solutions
IV. Overall Comments
V. Final Remarks

Series: Studies in Private International Law

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The Private International Law of Authentic Instruments ISBN 9781509945627
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Economic Sanctions in EU Private International Law ISBN 9781509953578
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Place of Performance: A Comparative Analysis ISBN 9781509936205
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Place of Performance: A Comparative Analysis (eBook) ISBN 9781509936212
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Clawback Law in the Context of Succession ISBN 9781509932320
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Economic Sanctions in EU Private International Law (eBook) ISBN 9781509933525
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Recognition and Enforcement of Judgments in Civil and Commercial Matters
Edited by: Anselmo Reyes
ISBN 9781509924257
Published September 2019
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Recognition and Enforcement of Judgments in Civil and Commercial Matters (eBook)
Edited by: Anselmo Reyes
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£135.00
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Commercial Issues in Private International Law ISBN 9781509922871
Published June 2019
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The Choice of Law Contract ISBN 9781509926800
Published January 2019
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Forum (Non) Conveniens in England: Past, Present, and Future (eBook) ISBN 9781509925780
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Forum (Non) Conveniens in England: Past, Present, and Future ISBN 9781782256403
Published December 2018
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£70.00
Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781509920105
Published January 2018
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Cross-Border Litigation in Europe (eBook) ISBN 9781782256779
Published November 2017
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Cross-Border Litigation in Europe ISBN 9781782256762
Published November 2017
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The Nature and Enforcement of Choice of Court Agreements: A Comparative Study ISBN 9781509914494
Published October 2017
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Maintenance And Child Support in Private International Law ISBN 9781509915507
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The Choice of Law Contract ISBN 9781849467643
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The Choice of Law Contract (eBook) ISBN 9781509901029
Published September 2016
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Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781509909285
Published August 2016
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Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781849466912
Published October 2015
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Electronic Consumer Contracts in the Conflict of Laws 2nd ed (eBook) ISBN 9781782259305
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Recovery of Maintenance in the EU and Worldwide
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ISBN 9781849465731
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ISBN 9781782254690
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The Hague Child Abduction Convention: A Critical Analysis ISBN 9781849460170
Published November 2013
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The Hague Child Abduction Convention: A Critical Analysis (eBook) ISBN 9781782253099
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Child Abduction within the European Union ISBN 9781849463973
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Published March 2013
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Intellectual Property and Private International Law: Comparative Perspectives
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ISBN 9781849462310
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The Governing Law of Companies in EU Law ISBN 9781849462969
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The Governing Law of Companies in EU Law (eBook) ISBN 9781847319272
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Mediating International Child Abduction Cases: The Hague Convention ISBN 9781849461818
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Mediating International Child Abduction Cases: The Hague Convention (eBook) ISBN 9781847318657
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International Child Abduction: The Inadequacies of the Law ISBN 9781849461566
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International Child Abduction: The Inadequacies of the Law (eBook) ISBN 9781847318565
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Cases and Materials on EU Private International Law (eBook) ISBN 9781847317636
Published April 2011
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Cases and Materials on EU Private International Law ISBN 9781849460279
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Jurisdiction and Judgments in Relation to EU Competition Law Claims ISBN 9781841136592
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Foreign Currency Claims in the Conflict of Laws ISBN 9781841138923
Published April 2010
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Electronic Consumer Contracts in the Conflict of Laws ISBN 9781841138473
Published September 2009
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