Acknowledgements |
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xv | |
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The Interaction between Family Law, Succession Law and Private International Law: An Introduction |
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1 | (12) |
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1 | (1) |
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2 Influence without Legal Competence? |
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2 | (1) |
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3 Competence without Influence? |
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3 | (1) |
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4 Overview of the Themes and Ideas in this Book |
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3 | (2) |
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5 The Structure and Content of this Book |
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5 | (3) |
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8 | (5) |
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PART I THE IMPACT OF DEVELOPMENTS IN NATIONAL FAMILY LAWS ON EU PRIVATE INTERNATIONAL LAW |
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Cross-Border (Non-)Recognition of Marriage and Registered Partnership: Free Movement and EU Private International Law |
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13 | (22) |
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13 | (3) |
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2 Negative Integration and Coman |
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16 | (8) |
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3 The Desirability, Legitimacy and Likely Contours of an EU Obligation of Marriage Recognition under Article 21(1) TFEU |
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24 | (8) |
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4 Positive Integration and Legislative Harmonisation: A Better Solution? |
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32 | (3) |
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Empowering Private Autonomy as a Means to Navigate the Patchwork of EU Regulations on Family Law |
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35 | (24) |
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35 | (2) |
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2 Empowering European Families Explained |
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37 | (1) |
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3 A Scattered Landscape: Relationship Models in Substantive Law in Europe |
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38 | (8) |
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4 A Scattered Landscape: Relationship Models in Private International Law |
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46 | (9) |
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5 Conclusions: Patchwork and Party Autonomy |
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55 | (4) |
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The Impact of Private Divorces on EU Private International Law |
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59 | (20) |
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1 Private Divorces: A Growing Phenomenon in Europe |
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59 | (4) |
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2 Globalised Families and Private Divorce Agreements |
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63 | (3) |
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3 The Most Controversial Issue: Recognising the Dissolution of the Marriage Obtained through Private Divorces in the EU |
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66 | (6) |
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4 Religious Informal Private Divorces in Europe |
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72 | (1) |
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5 Conclusions: Waiting for the Application of Regulation No 1111/2019 |
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73 | (6) |
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PART II THE IMPACT OF EU PRIVATE INTERNATIONAL LAW ON NATIONAL FAMILY LAWS |
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EU Formalities for Matrimonial Property Agreements and their Effects on German Family Law: Calling the Bluff? |
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79 | (22) |
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79 | (2) |
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81 | (6) |
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3 EU Council Regulation 2016/1103 and the Nebenguterrecht |
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87 | (11) |
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98 | (3) |
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The Effects of EU Law on Family Law in England and Wales: Children First? |
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101 | (22) |
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101 | (2) |
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2 The EU's Involvement with Family Law |
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103 | (6) |
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3 The Impact of Blla on Family Law in England and Wales |
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109 | (5) |
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4 The Impact of `European Law' on Post-Divorce Finance and Property Settlements in England and Wales |
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114 | (4) |
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118 | (5) |
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PART III THE IMPACT OF NATIONAL SUCCESSION LAWS ON EU PRIVATE INTERNATIONAL LAW |
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Did Substantive National Succession Laws have an Impact on the EU Succession Regulation? |
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123 | (16) |
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123 | (1) |
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2 The Scope of the European Succession Regulation |
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124 | (4) |
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128 | (2) |
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130 | (1) |
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5 Appointment of an Administrator of the Estate |
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131 | (1) |
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132 | (3) |
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7 Choice of Law and Jurisdictions with Multiple Substantive Succession Laws |
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135 | (2) |
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137 | (2) |
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Understanding and Interpreting the Succession Regulation through its National Origins |
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139 | (18) |
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139 | (1) |
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140 | (10) |
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3 Interpretation of the EU Succession Regulation |
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150 | (3) |
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153 | (4) |
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PART IV THE IMPACT OF EU PRIVATE INTERNATIONAL LAW ON NATIONAL SUCCESSION LAWS |
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The Impact of the European Certificate of Succession on National Law: A Trojan Horse or Much Ado about Nothing? |
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157 | (24) |
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158 | (1) |
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2 The European Certificate of Succession: A Primer |
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159 | (2) |
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3 The Recording of Immovable Property in Land Registers |
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161 | (9) |
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4 The Scope of Succession Law vis-a-vis Matrimonial Property Law |
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170 | (2) |
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5 The Implications for the National Certificates of Succession |
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172 | (5) |
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6 Evaluation: The Impact of the European Certificate of Succession on National Law |
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177 | (4) |
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A German Perspective on the Impact of EU Private International Law on National Succession Law |
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181 | (14) |
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181 | (1) |
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2 The Interplay between Succession and Family Law in Germany: The Case of the (In)Famous §1371(1) BGB |
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182 | (2) |
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3 Succession Law and Property Law: The Kubicka Decision and New Ways to Transfer Ownership under German Law |
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184 | (4) |
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4 The European and the German Certificate of Inheritance: A Difficult Relationship |
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188 | (2) |
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5 The Overreaching Application of European Private International Law in the New Article 25 EGBGB |
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190 | (2) |
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192 | (3) |
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The Impact of European Private International Law and the reserve hireditaire in France |
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195 | (18) |
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1 The Place of Forced Heirship in International Cases in France |
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198 | (3) |
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2 The Position of European Private International Law |
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201 | (1) |
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3 The Evolution Towards a Marginalisation of Forced Heirship |
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202 | (5) |
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4 The Consequences for French Substantive Law |
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207 | (4) |
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5 Looking Forward: The Reciprocal Influence between European Private International Law and the riserve hireditaire |
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211 | (2) |
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Regulation (EU) 650/2012 and Territorial Conflicts of Laws in Spain |
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213 | (18) |
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213 | (3) |
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2 Succession Law(s) in Spain |
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216 | (3) |
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3 The Applicable Law According to the Succession Regulation |
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219 | (4) |
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4 The Application of `Spanish Law' under the Succession Regulation |
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223 | (6) |
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229 | (2) |
Index |
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231 | |