Planning the Future of Cross Border Families
Planning the Future of Cross Border Families

Author: Ilaria Viarengo

Publisher: Bloomsbury Publishing

Published: 2020-10-15

Total Pages: 975

ISBN-13: 1509919872

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This book is built upon the outcomes of the EUFam's Project, financially supported by the EU Civil Justice Programme and led by the University of Milan. Also involved are the Universities of Heidelberg, Osijek, Valencia and Verona, the MPI in Luxembourg, the Italian and Spanish Family Lawyers Associations and training academies for judges in Italy and Croatia. The book seeks to offer an exhaustive overview of the regulatory framework of private international law in family and succession matters. The book addresses current features of the Brussels IIa, Rome III, Maintenance and Succession Regulations, the 2007 Hague Protocol, the 2007 Hague Recovery Convention and new Regulations on Property Regimes. The contributions are authored by more than 30 experts in cross-border family and succession matters. They introduce social and cultural issues of cross-border families, set up the scope of all EU family and succession regulations, examine rules on jurisdiction, applicable law and recognition and enforcement regimes and focus on the current problems of EU family and succession law (lis pendens in third States, forum necessitatis, Brexit and interactions with other legal instruments). The book also contains national reports from 6 Member States and annexes of interest for both legal scholars and practitioners (policy guidelines, model clauses and protocols).

Recognition and Enforcement of Judgments in Civil and Commercial Matters
Recognition and Enforcement of Judgments in Civil and Commercial Matters

Author: Anselmo Reyes

Publisher: Bloomsbury Publishing

Published: 2019-09-19

Total Pages: 411

ISBN-13: 1509924272

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This collection offers a study of the regimes for the recognition and enforcement of foreign commercial judgments in 15 Asian jurisdictions: mainland China, Hong Kong, Taiwan, Japan, Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka and India. For practising lawyers, the book is intended as a practical guide to current law and procedures for enforcing judgments in the selected jurisdictions. However, it does not stop at describing current law and practice. Of interest to academics and students, it also analyses the common principles of the enforcement regimes across the jurisdictions, and identifies what should be regarded as the norm for enforcement in Asian countries for the purpose of attracting foreign direct investment and catalysing rapid economic development. In light of the common principles identified, the book explores how laws in Asia may generally be improved to enable judgments to be more readily enforced, while ensuring that legitimate concerns over indirect jurisdiction, due process and domestic public policy are respected and addressed. With this in mind, the book discusses the potential impact that the adoption of the 2005 Hague Convention on Choice of Court Agreements might have on Asian jurisdictions; it also considers the potential impact of the convention for the enforcement of judgments in civil and commercial matters presently being drafted by the Hague Conference on Private International Law. This timely book argues that it is imperative to adopt a uniform system for the recognition and enforcement of judgments throughout Asia if there is to be traction for the enhanced cross-border commerce that is expected to result from endeavours such as the ASEAN Economic Community (AEC), the Belt and Road Initiative (BRI), CPTPP (also known as TPP-11), and RCEP.

The International Protection of Adults
The International Protection of Adults

Author: Richard Frimston

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 0

ISBN-13: 9780198727255

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Provides the only comprehensive analysis of the key issues in relation to mental capacity in 52 jurisdictions, delivered by renowned experts in the field. Contains full details of the practical issues involved in advising in cases involving Convention XXXV.

Perspectives for the Unification and Harmonisation of Family Law in Europe
Perspectives for the Unification and Harmonisation of Family Law in Europe

Author: Katharina Boele-Woelki

Publisher: Intersentia nv

Published: 2003

Total Pages: 600

ISBN-13: 9050952879

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Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.

Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial
Free Movement of Civil Judgments in the European Union and the Right to a Fair Trial

Author: Monique Hazelhorst

Publisher: Springer

Published: 2017-02-27

Total Pages: 451

ISBN-13: 9462651620

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This book examines the attainment of complete free movement of civil judgments across EU member states from the perspective of its conformity with the fundamental right to a fair trial. In the integrated legal order of the European Union, it is essential that litigants can rely on a judgment no matter where in the EU it was delivered. Effective mechanisms for cross-border recognition and the enforcement of judgments provide both debtors and creditors with the security that their rights, including their right to a fair trial, will be protected. In recent years the attainment of complete free movement of civil judgments, through simplification or abolition of these mechanisms, has become a priority for the European legislator. The text uniquely combines a thorough discussion of EU legislation with an in-depth and critical examination of its interplay with fundamental rights. It contains an over-view and comparison of both ECtHR and CJEU case law on the right to a fair trial, and provides a great number of specific recommendations for current and future legislation. With its critical discussion of EU Regulations from both a practical and a theoretical standpoint, this book is particularly relevant to legislators and policymakers working in this field. Because of the extensive overview of the functioning of the EU’s mechanisms and of relevant case law it provides, the book is also highly relevant to academics and practitioners. Monique Hazelhorst is Judicial Assistant at the Supreme Court of the Netherlands. She studied Law and Legal Research at Utrecht University and holds a Ph.D. in Law from the Erasmus School of Law at Erasmus University Rotterdam.

Legal Aspects of Economic Integration in Africa
Legal Aspects of Economic Integration in Africa

Author: Richard Frimpong Oppong

Publisher: Cambridge University Press

Published: 2011-07-07

Total Pages: 403

ISBN-13: 1139497588

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Richard Frimpong Oppong challenges the view that effective economic integration in Africa is hindered by purely socio-economic, political and infrastructural problems. Inspired by the comparative experiences of other regional economic communities and imbued with insights from constitutional, public and private international law, he argues that even if the socio-economic, political and infrastructural challenges were to disappear, the state of existing laws would hinder any progress. Using a relational framework as the fulcrum of analyses, he demonstrates that in Africa's economic integration processes, community-state, inter-state and inter-community legal relations have neither been carefully thought through nor situated on a solid legal framework, and that attempts made to provide legal framework have been incomplete and, sometimes, grounded on questionable assumptions. To overcome these problems and aid the economic integration agenda that is essential for Africa's long-term economic growth and development, the author proposes radical reforms to community and national laws.

Islamic Divorces in Europe
Islamic Divorces in Europe

Author: Pauline Kruiniger

Publisher:

Published: 2015

Total Pages: 0

ISBN-13: 9789462365018

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'The focus of this study is on the issue of the recognition of Islamic divorces established abroad, in European states. 'Islamic divorces' is used for pragmatic reasons as a collective term in this study. The term 'divorces' covers the most common, formal modalities of dissolution of marriage by the act of one or both parties or by judicial process. The term does not include informal arrangements to dissolve the marriage, so it does not include divorces that are not lawfully established. 'Islamic' refers to their establishment in mostly Muslim-majority countries with legislation that incorporates, at least to some extent, laws and customs that originate in the legal subject matter of the Shari'a. One should realize, however, that the Islamic law or the Islamic divorce does not exist, as this study will also demonstrate.'