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This authoritative Commentary on the recast Regulation 2019/1111 on
matters of matrimonial and parental responsibility presents a deep
analysis of the Regulation and is authored by leading experts in
family law and private international law. Employing a granular,
article-by-article approach, the Commentary acts as a detailed
reference point on the uniform jurisdiction rules for divorce,
legal separation and marriage annulment, as well as for disputes
over parental responsibility with an international element,
including child abduction. It provides clear guidance on and
interpretation of the jurisdictional rules on collaboration of
authorities and on the recognition and execution of judicial
verdicts. Key Features: Provides comprehensive article-by-article
analysis Written by leading experts Explains the mechanics of
Regulation 2019/1111 to practitioners and legal scholars alike
Includes expansive reference to case-law and legal writings, and
explains the relation with other EU regulations This meticulous and
ambitious Commentary will be an indispensable companion for those
involved in and practising family law, particularly in cases with a
cross-border element, including judges, lawyers and child
protection authorities. It will additionally be valuable for
scholars of European family law and private international law.
This book offers a series of commentaries on noteworthy arbitral
awards and court decisions on arbitration. All contributions focus
on the practice of arbitration. Influential authors with proven
arbitration experience share their insights on celebrated and less
well-known cases, drawn from various countries, various arbitration
institutions and including both commercial and investment
arbitration. This collection of essays celebrates the work and
scholarship of Hans van Houtte, who has been a professor of
international commercial arbitration at the University of Leuven
for more than 20 years. In addition to his widely -praised
contribution to the theory of arbitration, Professor Van Houtte has
built a long career in the practice of arbitration, presiding over
a vast array of arbitral tribunals and holding appointments to
international tribunals, most recently as president of the Iran-US
Claims Tribunal. Hans van Houtte has always been concerned with the
practical usefulness of scholarly writings, and this book respects
this approach. This volume will prove essential for all arbitration
practitioners and will also be of great interest also to academics
and research students with an interest in international
arbitration.
International child abduction occurs when one parent wrongfully
(i.e. in breach of the parental responsibility of the other parent)
takes a child to a country other than that of the child's habitual
residence, or wrongfully keeps a child in such a country. The
author of this work was part of a research team that conducted a
study, partially funded by the European Commission, to examine this
problem in Belgium and Hungary, analyzing cases from 2007 and 2008
and interviewing the affected parents. This book is a revised
version of the Belgian research report, which sets the problem of
child abduction within its international context. It looks at the
families in which abductions took place, how preparations were made
for an abduction, the quest for the return of the child (including
legal proceedings), and the aftermath of the abductions. Throughout
the book, the results of the quantitative and qualitative data are
explained. What emerges is that when a child is abducted, the
solutions offered by the law are often inadequate. Family conflict
is a complex societal issue, and child abduction is a severe form
of family conflict. Rather than responding to child abduction with
strict and contentious legal proceedings, the book argues that
solutions based on respect, psychological assistance, and a search
for consensus should be favored. (Series: Studies in Private
International Law)
Over the past few years the European Community has been active in
establishing rules of civil jurisdiction. This book provides a
comprehensive treatment of the three main instruments for
implementing these rules: Brussels I (covering jurisdiction in
civil and commercial matters), Brussels IIbis (jurisdiction in
matters of divorce and parental responsibility) and the Insolvency
Regulation. The Regulations were drawn up from the point of view of
the European Community and the facilitation of co-operation between
the Member States. However, legal practice shows that disputes,
whether of a commercial or family nature, are not always neatly
restricted to being either within the competence of the EU, or
entirely outside the EU. When a single dispute might fall into the
jurisdiction of either EU Member States or third States, the exact
scope of application of the Regulations is uncertain. This book
covers the background and development of civil jurisdiction rules
in the European Union, analysing the three main regulations on
civil jurisdiction, and the effect that the application of these
rules has on parties domiciled or habitually resident outside the
EU, particularly with regard to the recognition and enforcement of
judgments made within the EU in external jurisdictions. There is
analysis of case law and practical problems which have arisen, or
might arise, in disputes where there is a conflict of laws between
an EU Member State and a third State, for example involving the
rules of the domicile of the defendant, exclusive jurisdiction,
forum clauses, and procedural rules such as forum non conveniens
and lis pendens. It will also examine the external competences of
the European Community in the field of civil jurisdiction with
regard to the ECJ Lugano Opinion and the far-reaching implications
of this ruling for possible future conventions, both for the EU and
for third states who will now have to negotiate with the European
Community as a whole, and not with a collection of states.
How to choose the most beneficial enforcement regime for
cross-border claims of a client? A question considerably
complicated by (1) the existence of various European Union
enforcement tools and (2) particularities in the national legal
systems that impact on the operation and suitability of the various
enforcement tools. This book compares and analyses the practical
utility and potential pitfalls of the 2nd generation regulations
(European Enforcement Order, European Order for Payment, European
Small Claims Procedure and European Account Preservation Order) and
their relation to Brussels Ibis. Further, it analyses whether and
to what extent all of the 2nd generation EU regulations prove their
worth in the cross-border enforcement of claims, and which measures
can be recommended for their practical improvement and for
achieving greater consistency in European enforcement law. The work
is based on an extensive evaluation of case law (more than 500
published and unpublished judgments), empirical data (150
interviews with practitioners) and literature from eight Member
States (Belgium, France, Germany, Italy, Luxembourg, The
Netherlands, Poland, Spain) and the Court of Justice of the
European Union. It provides an extensive and up-to-date picture of
the cross-border enforcement of claims across Europe and is an
important resource for academics and practitioners alike. With
contributions from Elena D'Alessandro (University of Torino), Samia
Benaissa Pedriza (Complutense University, Madrid), Gilles Cuniberti
(University of Luxembourg), Veerle Van Den Eeckhout
(Max-Planck-Institute Luxembourg), Agnieszka Frackowiak-Adamska
(University of Wroclaw), Jonathan Fitchen (University of Aberdeen),
Fernando Gascon Inchausti (Complutense University, Madrid), Valeria
Giugliano (University of Milan), Agnieszka Guzewicz (University of
Wroclaw), Jan von Hein (University of Freiburg), Burkhard Hess (Max
Planck Institute Luxembourg), Stefan Huber (University of
Tubingen), Tilman Imm (University of Freiburg), Xandra Kramer
(University of Rotterdam), Thalia Kruger (University of Antwerp),
Agnieszka Lewestam-Rodziewicz (University of Wroclaw), Gerald Masch
(University of Munster), Johan Meeusen (University of Antwerp),
Gabriele Molinaro (University of Milan), Elena Alina Ontanu
(University of Rotterdam), Carmen Otero Garcia-Castrillon
(Complutense University, Madrid), Fieke van Overbeeke (University
of Antwerp), Max Peiffer (AssmannPeiffer Lawyers, Munich), Lidia
Sandrini (University of Milan), Carlos Santalo Goris
(Max-Planck-Institute Luxembourg), Bernhard Ulrici (University of
Leipzig), Francesca Villata (University of Milan), Denise Wiedemann
(Max-Planck-Institute Hamburg).
In fifty years, European private international law has undergone
significant changes. Increased globalization and the emergence of
e-commerce has led to a greater need for and more widespread
reliance on private international law. As a result, most legal
practitioners can no longer avoid it in their day-to-day
practices.Each year, the Jura Falconis conference is held to
discuss prior developments, draw lessons from the past and offer
perspectives for the future of European private international law.
The 50th anniversary of the Brussels Convention (1968) presented
itself as the perfect discussion point for the 2018
conference.European Private International Law at 50 is the written
result of the 2018 conference. It brings together legal experts and
provides the reader with a thorough examination of the most
important aspects of the field, considering possible future
developments and the impact of Brexit
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