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EU Private International Law in Family Matters: Legislation and CJEU Case Law


ISBN13: 9781839702730
Published: November 2022
Publisher: Larcier Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £129.00



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Few commentaries on EU private international law (PIL) in family and succession matters are currently available on the market and these are usually devoted to specific regulation(s), offering a full overview of both the CJEU case law and the literature concerning the given legal instrument(s).

Unlike these commentaries, EU Private International Law in Family Matters: Legislation and CJEU Case Law collects all the relevant instruments in the field of EU private international law in family matters (the Brussels II ter Regulation, the Brussels II bis Regulation, the Maintenance Regulation, the Rome III Regulation, the Succession Regulation, the twin Regulations on property regimes and three international conventions: the 1980 Hague Convention on international child abduction, the 1996 Hague Convention on measures for the protection of children and the 2007 Hague Protocol on maintenance) and complements the legal texts with references to all decisions issued by the CJEU on these Regulations (currently around 90). Decisions are not published in their entirety, nor are they limited to the official operative part of the decision. Distinctively and importantly, each and all of the many passages and/or obiter dicta that are disseminated through the decisions have been considered, sorted out and reported in a concise and clear synopsis which has been inserted as a footnote to each relevant passage of the applicable rule or Article. This makes the volume a succinct, yet complete and accurate, tool both for practitioners and for academics who need to keep track of the overwhelming EU case law in PIL in family matters.

This volume provides a brief yet complete guide to approach and understand the functioning of all EU PIL Regulations in family matters as interpreted by the CJEU, thus proving to be a useful tool for the audience of legal practitioners, lawyers, judges and academics to which it is targeted.

Subjects:
Family Law, EU Law
Contents:
PART I. GENERAL RULES IN FAMILY MATTERS
Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (Brussels II-ter) (p.
3)
Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels II-bis) (p.
73)
PART II. MINORS’ PROTECTION
The Hague Convention of 25 October 1980 on the civil aspects of international child abduction (p.
125)
The Hague Convention of 19 October 1996 on jurisdiction, applicable law, recognition, enforcement and co-operation in respect of parental responsibility and measures for the protection of children (p.
137)
PART III. MAINTENANCE OBLIGATIONS
Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (p.
157)
The Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations (p.
201)
PART IV. LEGAL RELATIONSHIPS OF A COUPLE
Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (Rome III) (p.
215)
Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes (p.
227)
Council Regulation (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships (p.
261)
PART V. SUCCESSION
Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession . . . (p.
299)