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European Private International Family Law: The Brussels IIb Regulation

European Private International Family Law: The Brussels IIb Regulation

Author: Michael Wilderspin
Publisher: Oxford University Press
ISBN: 9780192843920
Published In: February 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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European Private International Family Law provides a comprehensive examination of the new Brussels IIb Regulation (Regulation 2019/1111). This regulation replaces the Brussels IIa Regulation, which has been the cornerstone of European private international family law since August 2004, and is applicable from 1 August 2022.

In this volume, Michael Wilderspin provides a subject-by-subject, article by article commentary, which analyses in detail every provision of the new regulation. This analysis covers key topics including jurisdiction, the recognition and enforcement of decisions in matrimonial matters, matters of parental responsibility, and international child abduction. Michael Wilderspin also examines relevant cases from the European Courts of Justice and national courts, and the principles derived from them. Furthermore, this book explores the difficulties and complications that can arise between this regulation and other international instruments, such as the Hague Child Protection Convention 1996. The commentary also offers practical assistance on how properly to apply the new regulation and highlights where it has changed in relation to the previous one.

Part I. Introduction

1:Context and Origins of Regulation No.

2019/1111

Part II. Connecting Factors, Scope, and Definitions

2:The Main Connecting Factors of the Regulation

3:Scope of the Regulation and Definitions

Part III. Jurisdiction - Chapter II of the Regulation

4:Jurisdiction in Matrimonial Matters

5:Jurisdiction in Matters of Parental Responsibility

6:Jurisdiction: Common Provisions

Part IV. International Child Abduction - Chapter III of the Regulation

7:International Child Abduction: Chapter III of the Regulation