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Interaction between Family Law, Succession Law and Private International Law: Adapting to Change [Mīkstie vāki]

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  • Formāts: Paperback / softback, 258 pages, height x width x depth: 240x160x13 mm, weight: 480 g
  • Sērija : European Family Law 50
  • Izdošanas datums: 04-Jan-2021
  • Izdevniecība: Intersentia Ltd
  • ISBN-10: 1780689845
  • ISBN-13: 9781780689845
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  • Formāts: Paperback / softback, 258 pages, height x width x depth: 240x160x13 mm, weight: 480 g
  • Sērija : European Family Law 50
  • Izdošanas datums: 04-Jan-2021
  • Izdevniecība: Intersentia Ltd
  • ISBN-10: 1780689845
  • ISBN-13: 9781780689845
Citas grāmatas par šo tēmu:
There can be no doubt that both substantive family and succession law engage in significant interaction with private international law, and, in particular, the European Union instruments in the field. While it is to be expected that substantive law heavily influences private international law instruments, it is increasingly evident that this influence can also be exerted in the reverse direction. Given that the European Union has no legislative competence in the fields of family and succession law beyond cross-border issues, this influence is indirect and, as a consequence of this indirect nature, difficult to trace.This book brings together a range of views on the reciprocal influences of substantive and private international law in the fields of family and succession law. It outlines some key elements of this interplay in selected jurisdictions and provides a basis for discussion and future work on the reciprocal influences of domestic and European law. It is essential that the choices for and within certain European instruments are made consciously and knowingly. This book therefore aims to raise awareness that these reciprocal influences exist, to stimulate academic debate and to facilitate a more open debate between European institutions and national stakeholders.

Recenzijas

'The book aims to be a key tool for drafting or considering new private law instruments in succession and family laws. By offering concrete proposals on various matters [ ...] the book certainly fulfils its primary objective and is a recommended read for domestic and European law reformers.' -- Laure Sauv, International Journal of Law, Policy and The Family, 2021.

Acknowledgements v
List of Cases
xi
List of Contributors
xv
The Interaction between Family Law, Succession Law and Private International Law: An Introduction
1(12)
Jens M. Scherpe
Elena Bargelli
1 The Aim of this Book
1(1)
2 Influence without Legal Competence?
2(1)
3 Competence without Influence?
3(1)
4 Overview of the Themes and Ideas in this Book
3(2)
5 The Structure and Content of this Book
5(3)
6 Adapting to Change
8(5)
PART I THE IMPACT OF DEVELOPMENTS IN NATIONAL FAMILY LAWS ON EU PRIVATE INTERNATIONAL LAW
Cross-Border (Non-)Recognition of Marriage and Registered Partnership: Free Movement and EU Private International Law
13(22)
Maire Ni Shuilleabhain
1 Introduction
13(3)
2 Negative Integration and Coman
16(8)
3 The Desirability, Legitimacy and Likely Contours of an EU Obligation of Marriage Recognition under Article 21(1) TFEU
24(8)
4 Positive Integration and Legislative Harmonisation: A Better Solution?
32(3)
Empowering Private Autonomy as a Means to Navigate the Patchwork of EU Regulations on Family Law
35(24)
Wendy Schrama
1 Setting the Scene
35(2)
2 Empowering European Families Explained
37(1)
3 A Scattered Landscape: Relationship Models in Substantive Law in Europe
38(8)
4 A Scattered Landscape: Relationship Models in Private International Law
46(9)
5 Conclusions: Patchwork and Party Autonomy
55(4)
The Impact of Private Divorces on EU Private International Law
59(20)
Elena D'Alessandro
1 Private Divorces: A Growing Phenomenon in Europe
59(4)
2 Globalised Families and Private Divorce Agreements
63(3)
3 The Most Controversial Issue: Recognising the Dissolution of the Marriage Obtained through Private Divorces in the EU
66(6)
4 Religious Informal Private Divorces in Europe
72(1)
5 Conclusions: Waiting for the Application of Regulation No 1111/2019
73(6)
PART II THE IMPACT OF EU PRIVATE INTERNATIONAL LAW ON NATIONAL FAMILY LAWS
EU Formalities for Matrimonial Property Agreements and their Effects on German Family Law: Calling the Bluff?
79(22)
Anne Sanders
1 Introduction
79(2)
2 The Nebenguterrecht
81(6)
3 EU Council Regulation 2016/1103 and the Nebenguterrecht
87(11)
4 Conclusion
98(3)
The Effects of EU Law on Family Law in England and Wales: Children First?
101(22)
Anne Barlow
Nigel Lowe
1 Introduction
101(2)
2 The EU's Involvement with Family Law
103(6)
3 The Impact of Blla on Family Law in England and Wales
109(5)
4 The Impact of `European Law' on Post-Divorce Finance and Property Settlements in England and Wales
114(4)
5 Conclusion
118(5)
PART III THE IMPACT OF NATIONAL SUCCESSION LAWS ON EU PRIVATE INTERNATIONAL LAW
Did Substantive National Succession Laws have an Impact on the EU Succession Regulation?
123(16)
Walter Pintens
1 Introduction
123(1)
2 The Scope of the European Succession Regulation
124(4)
3 Authentic Instrument
128(2)
4 Notary
130(1)
5 Appointment of an Administrator of the Estate
131(1)
6 Ordre public
132(3)
7 Choice of Law and Jurisdictions with Multiple Substantive Succession Laws
135(2)
8 Conclusion
137(2)
Understanding and Interpreting the Succession Regulation through its National Origins
139(18)
Denise Wiedemann
1 Introduction
139(1)
2 Legislative Debate
140(10)
3 Interpretation of the EU Succession Regulation
150(3)
4 Conclusions
153(4)
PART IV THE IMPACT OF EU PRIVATE INTERNATIONAL LAW ON NATIONAL SUCCESSION LAWS
The Impact of the European Certificate of Succession on National Law: A Trojan Horse or Much Ado about Nothing?
157(24)
Elise Goossens
1 Introduction
158(1)
2 The European Certificate of Succession: A Primer
159(2)
3 The Recording of Immovable Property in Land Registers
161(9)
4 The Scope of Succession Law vis-a-vis Matrimonial Property Law
170(2)
5 The Implications for the National Certificates of Succession
172(5)
6 Evaluation: The Impact of the European Certificate of Succession on National Law
177(4)
A German Perspective on the Impact of EU Private International Law on National Succession Law
181(14)
Robert Magnus
1 Introduction
181(1)
2 The Interplay between Succession and Family Law in Germany: The Case of the (In)Famous §1371(1) BGB
182(2)
3 Succession Law and Property Law: The Kubicka Decision and New Ways to Transfer Ownership under German Law
184(4)
4 The European and the German Certificate of Inheritance: A Difficult Relationship
188(2)
5 The Overreaching Application of European Private International Law in the New Article 25 EGBGB
190(2)
6 Conclusion
192(3)
The Impact of European Private International Law and the reserve hireditaire in France
195(18)
Lukas Rass-Masson
1 The Place of Forced Heirship in International Cases in France
198(3)
2 The Position of European Private International Law
201(1)
3 The Evolution Towards a Marginalisation of Forced Heirship
202(5)
4 The Consequences for French Substantive Law
207(4)
5 Looking Forward: The Reciprocal Influence between European Private International Law and the riserve hireditaire
211(2)
Regulation (EU) 650/2012 and Territorial Conflicts of Laws in Spain
213(18)
Pablo Quinza Redondo
1 Introduction
213(3)
2 Succession Law(s) in Spain
216(3)
3 The Applicable Law According to the Succession Regulation
219(4)
4 The Application of `Spanish Law' under the Succession Regulation
223(6)
5 Concluding Remarks
229(2)
Index 231
Dr Jens M. Scherpe, M.A. (Cantab), MJur (Oxon) is a Professor of Comparative Law at the University of Cambridge and Director of Cambridge Family Law (https://www.family.law.cam.ac.uk/). He is a Fellow of Gonville and Caius College and an Honorary Fellow of St. John's College/ University of Hong Kong. He also is an Academic Door Tenant at the Barristers' chambers Queen Elizabeth Building (QEB) in London. He is Honorary Professor at the University of Aalborg (Denmark), Extraordinary Professor at the University of the Western Cape (South Africa) and Cheng Yu Tung Visiting Professor in Law at the University of Hong Kong.In Cambridge Jens teaches comparative law and family law - and comparative family law. Before taking up his position in Cambridge, he was a Research Fellow and Head of the Department for the Law of the Nordic Countries at the Max Planck Institute for Comparative and International Private Law in Hamburg. He has held visiting positions at a number of institutions, including the Australian National University/Canberra, the University of Sydney, the University of Auckland/New Zealand and the Universitat Pompeu Fabra in Barcelona/Spain. In addition he has lectured on a variety of subjects in numerous countries around the world, including Germany, France, Spain, Italy, Sweden, Switzerland, Denmark, Greece, the Netherlands, Australia, New Zealand, Poland, Latvia, Ukraine, Singapore, Mauritius and the People's Republic of China. Jens has published widely on a variety of topics. His major publications include several comparative family law studies. His PhD thesis on the out-of-court settlement of consumer disputes (2002) was awarded two prizes, the DIS-Frderpreis 2003/2004 by the German Institution of Arbitration (DIS) and the Otto-Hahn-Medal of the Max Planck Society for the Advancement of Science for outstanding research achievements of young researchers (2002).Jens is the editor of the International Journal of Law, Policy and the Family (IJLPF) and member of the international board of the "Zeitschrift fr das gesamte Familienrecht" (FamRZ). He is an Associate Member of the International Academy of Comparative Law/Acadmie internationale de droit compare and a member of the Wissenschaftliche Vereinigung fr Familienrecht e.V. Elena Bargelli is currently Associate Professor of Private law at the University of Pisa, with tenure. From 2008 to 2009 she was Research Fellow of the Alexander von Humboldt Stiftung at Max Planck Institut fr auslndisches und internationales Privatrecht (Hamburg, Germany). From 2001 to 2006 she was lecturer of Private Law at the Faculty of Economics (Pisa). In 1999 she completed her PhD in Private Law at the University of Pisa. She was visiting fellow at the Institute of Advanced Legal Studies, London UK (2011/2012), at the Yale Law School, New Haven, USA (2007), at Max Planck Institut fr auslndisches und internationales Privatrecht, Hamburg, Germany (2006, 2004).