The EU Regulations on the Property Regimes of International Couples

The EU Regulations on the Property Regimes of International Couples
Author: Ilaria Viarengo
Publisher: Edward Elgar Publishing
Total Pages: 561
Release: 2020-06-26
Genre: Law
ISBN: 1788115090

This article-by-article Commentary on EU Regulations 2016/1103 and 2016/1104 critically examines the uniform rules adopted by the EU to deal with the property relations of international couples, both married and in registered partnerships. Written by experts from a variety of European countries, it offers a comprehensive side-by-side discussion of the two Regulations to provide context and a deeper understanding of the issues of jurisdiction, applicable law and recognition of judgements covered.

Cross-border couples property regimes in action before courts. Understanding the eu regulations 1103 and 1104/2016 in practice

Cross-border couples property regimes in action before courts. Understanding the eu regulations 1103 and 1104/2016 in practice
Author: María José Cazorla González
Publisher: Dykinson
Total Pages: 293
Release: 2022-09-09
Genre: Law
ISBN: 8411225070

This book has the prime purpose of analysing practice through European and national case law from the entry into force of the Twin Regulations, adding hypothetical cases in some of the countries participating in enhanced cooperation that do not yet provide for the direct application of the Regulations, and resolving them by basing judgments on private international law. Th e European family today is diverse, and proof of this is the diff erent models and their evolution in recent decades, with family relationships being based not only on those constituted by marriage but also on those formed by couples living together in a stable manner.

Research Handbook on International Family Law

Research Handbook on International Family Law
Author: Janeen M. Carruthers
Publisher: Edward Elgar Publishing
Total Pages: 415
Release: 2024-06-05
Genre: Law
ISBN: 1802207422

The Research Handbook on International Family Law brings together a carefully selected array of experts to address legal topics pertaining to family relationships in a cross-border context, and international family law disputes. It shows how this independent field of study has developed, and continues to develop, and adeptly surveys the practice and regulation of international family law.

La famille dans l’ordre juridique de l’Union européenne / Family within the Legal Order of the European Union

La famille dans l’ordre juridique de l’Union européenne / Family within the Legal Order of the European Union
Author: Elsa Bernard
Publisher: Bruylant
Total Pages: 409
Release: 2020-12-31
Genre: Law
ISBN: 2802768964

Le droit de la famille, dans sa dimension civiliste, fortement ancré dans les cultures nationales des États membres, est une matière qui ne relève pas, en principe, du droit de l’Union européenne. Pourtant, il n’est plus possible d’affirmer que la matière échappe dans son entier au droit de l’Union. De nombreux aspects de la famille sont sous influence européenne, au point que l’on voit se dessiner les contours d’une « famille européenne ». L’ouvrage propose de mettre en lumière l’acquis européen en matière de droit de la famille, au prisme du droit matériel (citoyenneté européenne, politique sociale de l’Union, fonction publique européenne...), comme du droit international privé. Le droit de la famille de l’Union s’identifie alors comme un «droit spécial» complétant la diversité des droits nationaux de la famille. Sa signification théorique et politique dans l’Union est débattue par les auteurs, autant que son devenir. Loin de demeurer fragmentaire à côté des droits nationaux des États membres, il a probablement vocation à se densifier pour offrir aux citoyens et résidents européens un droit commun de la famille au sein de l’Union. Family law, with its civil law tradition, and strong roots in the national cultures of the Member States, does not normally fall within the scope of European law. However, it is no longer possible to argue that family law is outside European law entirely. There are many aspects of the family which are subject to European influence, to the point that the outlines of a «European family» are starting to emerge. This book is intended to highlight the European experience of family law and its substantive (i.e. European citizenship, EU social policy, EU civil service...) and private international law aspects. Union law therefore contains a form of «special» family law which is shared between the Member States and supplements their national family laws. Its theoretical and political importance in the Union, as well as its future, are discussed by the authors. Far from remaining fragmented alongside the national laws of Member States, it will likely develop to offer European citizens and residents a common family law within the EU.

Balkan Yearbook of European and International Law 2022

Balkan Yearbook of European and International Law 2022
Author: Ivana Kunda
Publisher: Springer Nature
Total Pages: 222
Release: 2023-05-12
Genre: Law
ISBN: 3031294327

The fourth volume of the Balkan Yearbook of European and International Law (BYEIL) presents nine new articles offering scholarly insights into a variety of legal issues, with a special focus on the countries of Southeast Europe. All six articles in the special section reflect the authors’ efforts to untangle difficult questions concerning family property in private international law. Addressing a range of topics, leading national experts in the respective areas discuss Bosnian and Herzegovinian, Croatian, Greek, Lithuanian and Turkish law. In turn, the general sections on European law and international law include three articles on diverse topics in private and public law, from a fresh take on the legal and practical effects of Brexit over EUTMs, and the legal nature of cryptocurrencies in different jurisdictions, to difficulties establishing the rule of law in Bosnia and Herzegovina.

Enhanced Cooperation and European Tax Law

Enhanced Cooperation and European Tax Law
Author: Caroline Heber
Publisher: Oxford University Press
Total Pages: 545
Release: 2021-06-17
Genre: Law
ISBN: 0192653334

The enhanced cooperation mechanism allows at least nine Member States to introduce secondary EU law which is only binding among these Member States. From an internal market perspective, enhanced cooperation laws are unique as they lie somewhere between unilateral Member State laws and uniform European Union law. The law creates harmonisation and coordination between the participating Member States, but may introduce trade obstacles in relation to non-participating Member States. This book reveals that the enhanced cooperation mechanism allows Member States to protect their harmonised values and coordination endeavours against market efficiency. Values which may not be able to justify single Member State's trade obstacles may outweigh pure internal market needs if an entire group of Member States finds these value worthy of protection. However, protection of the harmonised values can never go as far as shielding participating Member States from the negative effects of enhanced cooperation laws. The hybrid nature of enhanced cooperation laws - their nexus between the law of a single Member State and secondary EU law - also demands that these laws comply with state aid law. This book shows how the European state aid law provisions should be applied to enhanced cooperation laws. Furthermore, the book also develops a sophisticated approach to the limits non-participating Member States face in ensuring that their actions do not impede the implementation of enhanced cooperation between the participating Member States.

EU Cross-Border Succession Law

EU Cross-Border Succession Law
Author: Bariatti, Stefania
Publisher: Edward Elgar Publishing
Total Pages: 576
Release: 2022-06-10
Genre: Law
ISBN: 1785365304

With cross-border successions becoming increasingly common in the context of the European Union, this timely book offers a systematic practical analysis of how cross-border successions should be treated, including examination of which courts may establish jurisdiction over succession disputes and which law governs such disputes. Studying cross-border successions in the context of estate planning and in the opening and liquidation of a succession, it examines the specificities of the European Certificate of Succession, contextualising it within its interface with the national laws and practice of EU Member States.

The EU Political System After the 2019 European Elections

The EU Political System After the 2019 European Elections
Author: Olivier Costa
Publisher: Springer Nature
Total Pages: 532
Release: 2022-11-22
Genre: Political Science
ISBN: 3031123387

This book assesses the impact of the May 2019 European elections as well as the Covid-19 pandemic on the EU’s politics, institutions, and policies. Special attention is paid to the impact of these events on the different political forces as well as on the Union’s institutional balance, its priorities and the reform of its budget and policies. Because of the many post-electoral uncertainties, the book also takes into account how the relations between the Parliament, the European Council and the new Commission have developed. Furthermore, it analyses the capacity of the von der Leyen Commission to implement an ambitious programme, especially in the context of an unfolding pandemic. The objective of this book is to study the 2019 electoral sequence (parliamentary elections, appointment of EU institutions leaders, investiture of the Commission, new legislative programme) and determine its influence on the main institutional and political challenges for the 2019-2024 legislature. In other words, the volume deals with the question of who holds the EU’s leadership after the 2019 elections and how it handles the 2020-2021 pandemic.

Research Handbook on European Property Law

Research Handbook on European Property Law
Author: Sjef van Erp
Publisher: Edward Elgar Publishing
Total Pages: 275
Release: 2024-10-03
Genre: Law
ISBN: 1839105844

Bringing together global experts in the field, this Research Handbook presents an overview of recent developments in property law in European jurisdictions and in European Union law. It analyses the ways in which these frameworks adapt to modern challenges such as climate change, digitalisation, an ageing population and the effects of pandemics.

Principles of European Family Law Regarding Property, Maintenance and Succession Rights of Couples in de Facto Unions

Principles of European Family Law Regarding Property, Maintenance and Succession Rights of Couples in de Facto Unions
Author: Katharina Boele-Woelki
Publisher: European Family Law
Total Pages: 0
Release: 2019
Genre: Common law marriage
ISBN: 9781780687889

The CEFL has developed a comprehensive and original set of rules which may be a source of inspiration for legislating the rights and duties of couples who have not formalised their relationship. In their provisions on specific issues, the Principles opt for workable solutions which aim to avoid unnecessary hardship and disputes.