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Maintenance And Child Support in Private International Law


ISBN13: 9781509915507
Published: June 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2015)
Price: £37.99
Hardback edition , ISBN13 9781849467179



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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
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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Clawback Law in the Context of Succession ISBN 9781509932320
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ISBN 9781509924257
Published September 2019
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Commercial Issues in Private International Law ISBN 9781509922871
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Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781509920105
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Cross-Border Litigation in Europe (eBook) ISBN 9781782256779
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Cross-Border Litigation in Europe ISBN 9781782256762
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The Nature and Enforcement of Choice of Court Agreements: A Comparative Study ISBN 9781509914494
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The Choice of Law Contract ISBN 9781849467643
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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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Maintenance And Child Support in Private International Law ISBN 9781849467179
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Recovery of Maintenance in the EU and Worldwide
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ISBN 9781782254690
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The Hague Child Abduction Convention: A Critical Analysis ISBN 9781849460170
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ISBN 9781847319708
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Cases and Materials on EU Private International Law (eBook) ISBN 9781847317636
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Electronic Consumer Contracts in the Conflict of Laws ISBN 9781841138473
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Publication Abandoned