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This book grew out of a major European Union (EU) funded project on
the Hague Maintenance Convention of 2007 and on the EU Maintenance
Regulation of 2009. The project involved carrying out analytical
research on the implementation into national law of the EU
Regulation and empirical research on the first year of its
operation in practice. The project also engaged international
experts in a major conference on recovery of maintenance in the EU
and worldwide in Heidelberg in March 2013. The contributions in
this book are the revised, refereed and edited versions of the best
papers that were given at the conference. The book is divided into
four parts: (i) comparative context (ii) international, looking at
national and non-European regional practice and how the Hague
Convention could change things; (iii) international and the EU,
looking at issues covered by both the Hague Convention and the EU
Regulation; and (iv) the EU - looking at the Maintenance
Regulation. This is the first study to look carefully at both of
the new cross-border maintenance regimes globally and in Europe and
to begin the examination of the practical operation of the latter
regime. The approval of the Hague Convention by the EU on 9 April
2014 is a major step forward for its practical significance in
enabling the recovery of child and spousal support, as from 1
August 2014 all of the 28 EU Member States apart from Denmark will
be bound by the Convention.
The new edition of this well-established and highly regarded work
has been fully updated to encompass the major changes and
developments in the law, including coverage of the Recast Brussels
I Regulation which came into force in 2015. The book is invaluable
for the practitioner as well as being one of the leading students'
textbooks in the field, giving comprehensive and accessible
coverage of the basic principles of private international law. It
offers students, teachers and practitioners not only a rigorous
academic examination of the subject, but also a practical guide to
the complex subject of private international law. Written by an
expert team of academics, there is extensive coverage of commercial
topics such as the jurisdiction of various courts and their
limitations, stays of proceedings and restraining foreign
proceedings, the recognition and enforcement of judgments, the law
of obligations with respect to contractual and non-contractual
obligations. There are also sections on the various aspects of
family law in private international law, and the law of property,
including the transfer of property, administration of estates,
succession and trusts.
This book grew out of a major European Union (EU) funded project on
the Hague Maintenance Convention of 2007 and on the EU Maintenance
Regulation of 2009. The project involved carrying out analytical
research on the implementation into national law of the EU
Regulation and empirical research on the first year of its
operation in practice. The project also engaged international
experts in a major conference on recovery of maintenance in the EU
and worldwide in Heidelberg in March 2013. The contributions in
this book are the revised, refereed and edited versions of the best
papers that were given at the conference. The book is divided into
four parts: (i) comparative context (ii) international, looking at
national and non-European regional practice and how the Hague
Convention could change things; (iii) international and the EU,
looking at issues covered by both the Hague Convention and the EU
Regulation; and (iv) the EU - looking at the Maintenance
Regulation. This is the first study to look carefully at both of
the new cross-border maintenance regimes globally and in Europe and
to begin the examination of the practical operation of the latter
regime. The approval of the Hague Convention by the EU on 9 April
2014 is a major step forward for its practical significance in
enabling the recovery of child and spousal support, as from 1
August 2014 all of the 28 EU Member States apart from Denmark will
be bound by the Convention.
The new edition of this well-established and highly regarded work
has been fully updated to encompass the major changes and
developments in the law, including coverage of the Recast Brussels
I Regulation which came into force in 2015. The book is invaluable
for the practitioner as well as being one of the leading students'
textbooks in the field, giving comprehensive and accessible
coverage of the basic principles of private international law. It
offers students, teachers and practitioners not only a rigorous
academic examination of the subject, but also a practical guide to
the complex subject of private international law. Written by an
expert team of academics, there is extensive coverage of commercial
topics such as the jurisdiction of various courts and their
limitations, stays of proceedings and restraining foreign
proceedings, the recognition and enforcement of judgments, the law
of obligations with respect to contractual and non-contractual
obligations. There are also sections on the various aspects of
family law in private international law, and the law of property,
including the transfer of property, administration of estates,
succession and trusts.
No one would dispute that the duty to provide for those that you
have a legal and moral obligation to support is very important.
With the movement and migration of people both within Europe and
globally, there are more and more families and relations who live
in different States. Therefore it is imperative that suitable and
workable methods exist to create maintenance obligations and then
secure the transfer of funds, particularly from abroad. In the book
the provisions in EU Maintenance Regulation no 4/2009 and the Hague
Maintenance Convention of 2007 are analysed in order to discover
what developments and therefore potential improvements have been
made in relation to the recovery of maintenance from abroad. The
book also includes an empirical study on the first year of
operation of the Maintenance Regulation. Data collected has been
analysed in order to supplement the critique of the instruments.
The information and analysis is used to suggest suitable solutions
for the future, which include amendments to the Regulation and
recommendations for best practice.
No one would dispute that the duty to provide for those that you
have a legal and moral obligation to support is very important.
With the movement and migration of people both within Europe and
globally, there are more and more families and relations who live
in different States. Therefore it is imperative that suitable and
workable methods exist to create maintenance obligations and then
secure the transfer of funds, particularly from abroad. In the book
the provisions in EU Maintenance Regulation no 4/2009 and the Hague
Maintenance Convention of 2007 are analysed in order to discover
what developments and therefore potential improvements have been
made in relation to the recovery of maintenance from abroad. The
book also includes an empirical study on the first year of
operation of the Maintenance Regulation. Data collected has been
analysed in order to supplement the critique of the instruments.
The information and analysis is used to suggest suitable solutions
for the future, which include amendments to the Regulation and
recommendations for best practice.
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