The Rome III Regulation : a commentary on the law applicable to divorce and legal separation / edited by Sabine Corneloup.

Format:

Book

Contributor:

Edward Elgar Publishing, publisher.

Corneloup, Sabine, editor.

Series:

Elgar commentaries in private international law series

Language:

English

Subjects (All):

Conflict of laws--Divorce--European Union countries.

Conflict of laws.

Conflict of laws--Separation--European Union countries.

European Parliament. Regulation (EU) No. 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (Rome III).

European Parliament.

Physical Description:

1 online resource (264 pages).

Place of Publication:

Northampton : Edward Elgar Publishing, 2020.

Summary:

"This comprehensive Commentary provides an in-depth, article-by-article analysis of the Rome III Regulation, the uniform rules adopted by the EU to determine the law applicable to cross-border divorce and legal separation. Disputes on family matters form part of everyday litigation in the EU, with around 140,000 international divorces per year; this Commentary offers a clear legal understanding of the regulation that governs this increasingly significant area of family law. Written by a team of renowned experts on private international law in relation to family matters, chapters contextualise and examine the provisions of the regulation, with clear insight into the rationale behind the text. The contributors engage critically with each article, analysing Rome III's overall effectiveness and offering a balanced critique from a variety of European perspectives. Private international law scholars and practitioners alike will find this Commentary an incisive and useful point of reference. It will be of particular interest to those working in family law, including judges, lawyers, public notaries and family mediators, as well as graduate students looking for in-depth knowledge of the subject"-- Provided by publisher.

Contents:

Contents: Introduction / Sabine Corneloup

Chapter I: Scope, relation with Regulation (EC) no 2201/2003, definitions and universal application

Article 1. Scope / Susanne Lilian Gössl and Jinske Verhellen

Article 2. Relation with Regulation (EC) No 2201/2003 / Sabine Corneloup

Article 3. Definitions / Petra Hammje

Article 4. Universal application / Fabienne Jault-Seseke

Chapter II: Uniform rules on the law applicable to divorce and legal separation

Article 5. Choice of applicable law by the parties / Cristina González Beilfuss

Article 6. Consent and material validity / Natalie Joubert

Article 7. Formal validity / Alexandre Boiché

Article 8. Applicable law in the absence of a choice by the parties / Pietro Franzina

Article 9. Conversion of legal separation into divorce / Laura Carpaneto

Article 10. Application of the law of the forum / Bettina Heiderhoff

Article 11. Exclusion of renvoi / Stefano Dominelli

Article 12. Public policy / Bettina Heiderhoff

Article 13. Differences in national law / Christelle Chalas

Article 14. States with two or more legal systems - territorial conflicts of laws / Caroline Sophie Rupp

Article 15. States with two or more legal systems - inter-personal conflicts of laws / Caroline Sophie Rupp

Article 16. Non-application of this regulation to internal conflicts of laws / Caroline Sophie Rupp

Chapter III: Other provisions

Article 17. Information to be provided by participating member states / Alexandre Boiché

Article 18. Transitional provisions / Cristina González Beilfuss

Article 19. Relationship with existing international conventions / Thalia Kruger

Article 20. Review clause / Sabine Corneloup

Chapter IV: Final provisions

Article 21. Entry into force and date of application / Sabine Corneloup

Index.

Notes:

European Parliament.-Regulation (EU) No. 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation (Rome III)

Includes bibliographical references.

Includes index.

Description based on print version record.

ISBN:

1-78897-578-2

9781788975780

9781788975773