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This book focuses on the protection of abducting mothers who have
been subject to return proceedings under the 1980 Hague Abduction
Convention and the Brussels IIa Regulation, in circumstances where
the child abduction has been motivated by acts of domestic violence
from the left-behind father. The utility of Regulation 606/2013 on
mutual recognition of protection measures in civil matters and
Directive 2011/99/EU on the European Protection Order, and how
protection measures can be used to protect abducting mothers, are
examined within this context. Both instruments allow cross-border
circulation of protection measures but, so far, have not attracted
much attention in practice. This book aims to fill that gap.
Domestic Violence and Parental Child Abduction is the culmination
of the POAM (Protection of Abducting Mothers in Return Proceedings)
project, a collaborative research project conducted between 2019
and 2021. It presents and analyses the findings of the project and
brings together contributions by the project partners, as well as
by other renowned experts. The book also presents a Best Practice
Guide developed for the application of Regulation 606/2013 and
Directive 2011/99/EU in child abduction cases committed against the
background of domestic violence. The book offers a unique
perspective on the problem of international parental child
abductions committed against the background of domestic violence.
Given its practical focus, it will appeal not only to an academic
audience but also to judges, legal practitioners and other
professionals working in the area of parental child abduction.
The need to allow a change of legal sex/gender in certain cases is
no longer disputed in most jurisdictions, and for European
countries there is no question as to whether such a change should
be allowed after the decision of the European Court of Human Rights
in Goodwin v. United Kingdom (Application no. 28957/95). The
question has therefore shifted to what the requirements for such a
change of the legal sex/gender should be. Many jurisdictions have
legislated or developed an administrative approach to changing
sex/gender, but the requirements differ significantly from
jurisdiction to jurisdiction, particularly with regard to age,
nationality and marital status, as well as the medical and
psychological requirements. The latter in some jurisdictions still
include surgery and sterility as a precondition, thus potentially
forcing the persons concerned to choose between the recognition of
their sex/gender identity and their physical integrity.The book
also examines questions that are thus far under-researched, namely
what the full legal consequences of a change of legal sex/gender
should be, for example with regard to existing legal relationships
such as marriages and registered partnerships, but also concerning
children and parentage.The Legal Status of Transsexual and
Transgender Persons is the result of an international research
project, including not only national reports from 14 European and
non-European jurisdictions but also two chapters that look at legal
sex/gender changes from a Christian perspective and one chapter
from a medical-psychological perspective. The final comparative
chapter compares and contrasts the different approaches and
requirements and makes recommendations for best practice and law
reform.
In 2007, the International Max Planck Research School for Maritime
Affairs together with the International Tribunal for the Law of the
Sea (ITLOS), both based in Hamburg, decided to establish an annual
lecture series, the "Hamburg Lectures on Maritime Affairs" - giving
distinguished scholars and practitioners the opportunity to present
and discuss recent developments in this field. The present volume -
the third in the series - collects the lectures held between 2011
and 2013 inter alia by Andrew Dickinson, Yvonne Marie Dutton, Bevan
Marten, Andreas Maurer, Irini Papanicolopulu, aslav Pejovic, Juan
L. Pulido, Andres Recalde Castells, Thomas J. Schoenbaum and
Rudiger Wolfrum."
In 2007, the International Max Planck Research School for Maritime
Affairs together with the International Tribunal for the Law of the
Sea (ITLOS), both based in Hamburg, decided to establish an annual
lecture series, the "Hamburg Lectures on Maritime Affairs" - giving
distinguished scholars and practitioners the opportunity to present
and discuss recent developments in this field. The present volume -
the second in the series - collects eight of the lectures held in
2009 and 2010 by David Joseph Attard, Lucius Caflisch, Beate
Czerwenka, Lars Gorton, Francesco Munari, Kyriaki Noussia, Peter
Wetterstein and Wolfgang Wurmnest.
The Legal Status of Intersex Persons provides a basis for
discussion regarding all legal aspects concerning persons born with
sex characteristics that do not belong strictly to male or female
categories, or that belong to both at the same time. It contains
contributions from medical, psychological and theological
perspectives, as well as national legal perspectives from Germany,
Australia, India, the Netherlands, Columbia, Sweden, France and the
USA. It explores international human rights aspects of intersex
legal recognition and also features chapters on private
international law and legal history.The book is a timely one. Until
very recently, the legal gender of a person both at birth and later
in life in virtually all jurisdictions had to be recorded as either
male or female; the laws simply did not allow any other option,
and, in many cases, changing the recorded gender was difficult or
impossible. However, there are many cases where this gender binary
is unable to capture the reality of a persons physical presentation
and/or perception of self. Consequently, this gender binary is
increasingly being challenged and several jurisdictions have begun
to reform their gender status laws.For example, in 2013 Germany
became the first Western jurisdiction in modern times to introduce
legislation allowing a person's gender to be recorded as
'indeterminate' at birth and thus give them a legal gender status
other than male or female for all intents and purposes. However,
this legislation has proved problematic in many ways and rightly
was subject to pertinent criticism. In 2017 the German
Constitutional Court then held that these rules were in violation
of the German constitution as they only allowed a non-recognition,
as opposed to a positive recognition of a gender other than male or
female, and mandated law reform. Similarly, the Austria
Constitutional Court held in June 2018 that current civil status
laws had to be interpreted to allow registration of alternative
gender identities. Therefore, two European jurisdictions will now
have legal gender recognition beyond the binary.This book looks at
law reform taking place around the world, with diverse perspectives
from relevant fields, to provide the reader with a comprehensive
analysis of the legal status of intersex persons and related
issues.
Several Member States of the European Union have concluded treaties
and conventions with Third States dealing with questions of
succession law in cross-border matters. Some of these treaties
originate from the beginning of the 20th century and are outdated.
The European legislator, however, cannot supersede these treaties
and conventions unilaterally with its regulations, in fact they
enjoy priority over the European Succession Regulation. The
harmonizing effect of European private international law is hence
endangered, the more so, as these treaties and conventions often
cover large groups of third State nationals in the respective
Member State. This book analyzes the background, scope and
practical impact of bilateral treaties and multilateral conventions
concluded by selected Member States of the European Union with
third States, both from the European and the third State
perspective. It evaluates the impact of these treaties and
conventions on the functioning of the European Succession
Regulation and the possibilities to facilitate the interplay
between these instruments and European private international law.
Vor den deutschen Zivilgerichten klagen zunehmend Spieler, die vor
der weiteren Liberalisierung des Glücksspielrechts im Jahr 2021 an
Glücksspielen im Internet teilgenommen haben. Sie fordern von
Unternehmen, die solche Glücksspiele anbieten, die Rückzahlung
geleisteter Spieleinsätze. Diese so genannten "Spielerklagen"
waren bisher unterschiedlich erfolgreich. Die deutschen Gerichte
sind sich zwar weitgehend einig, dass die Spielverträge wegen
Verstoßes gegen die bisherigen Glücksspielstaatsverträge nach §
134 BGB unwirksam sind, obwohl die Glücksspielaufsicht bewusst das
bisherige Glücksspielverbot im Internet nicht durchgesetzt hat.
Vielmehr hat die staatliche Aufsicht Verstöße der Unternehmen
geduldet, wenn sich die Unternehmen an bestimmte Vorgaben der
Behörden halten, um zu verhindern, dass Spieler auf ein gänzlich
unreguliertes Angebot ausweichen. Uneinigkeit besteht aber, ob
etwaige bereicherungsrechtliche Ansprüche nach § 817 Satz 2 BGB
gesperrt sind. Dagegen haben die Gerichte deliktische
Schadensersatzansprüche der Spieler bisher nur vereinzelt bejaht.
Auch die Verjährung etwaiger Ansprüche wirft Fragen auf. Zu
diesen privatrechtlichen Aspekten der Spielerklagen, die bisher
noch nicht umfassend diskutiert wurden, nehmen die Beiträge dieses
Bandes Stellung.
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