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The Interaction Between Family Law, Succession Law and Private International Law: Adapting to Change

The Interaction Between Family Law, Succession Law and Private International Law: Adapting to Change

Author: Jens M. Scherpe; Elena Bargelli
Publisher: Intersentia Publishers
ISBN: 9781780689845
Published In: January 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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There can be no doubt that both substantive family and succession law engage in significant interaction with private international law, and, in particular, the European Union instruments in the field. While it is to be expected that substantive law heavily influences private international law instruments, it is increasingly evident that this influence can also be exerted in the reverse direction. Given that the European Union has no legislative competence in the fields of family and succession law beyond cross-border issues, this influence is indirect and, as a consequence of this indirect nature, difficult to trace.

This book brings together a range of views on the reciprocal influences of substantive and private international law in the fields of family and succession law. It outlines some key elements of this interplay in selected jurisdictions and provides a basis for discussion and future work on the reciprocal influences of domestic and European law. It is essential that the choices for and within certain European instruments are made consciously and knowingly. This book therefore aims to raise awareness that these reciprocal influences exist, to stimulate academic debate and to facilitate a more open debate between European Institutions and national stakeholders.

The Interaction between Family Law, Succession Law and Private International Law: An Introduction

Dr. Jens Scherpe, Elena Bargelli

PART I. The Impact of Developments in National Family Laws on EU Private International Law

Cross-Border (Non-)Recognition of Marriage and Registered Partnership: Free Movement and EU Private International Law

Empowering Private Autonomy as a Means to Navigate the Patchwork of EU Regulations on Family Law

The Impact of Private Divorces on EU Private International Law

PART II. The Impact of EU Private International Law on National Family Laws

EU Formalities for Matrimonial Property Agreements and their Effects on German Family Law: Calling the Bluff?

The Effects of EU Law on Family Law in England and Wales: Children First?

PART III. The Impact of National Succession Laws on EU Private International Law

Did Substantive National Succession Laws have an Impact on the EU Succession Regulation?

Understanding and Interpreting the Succession Regulation through its National Origins

PART IV. The Impact of EU Private International Law on National Succession Laws

The Impact of the European Certificate of Succession on National Law: A Trojan Horse or Much Ado about Nothing?

A German Perspective on the Impact of EU Private International Law on National Succession Law

The Impact of European Private International Law and the réserve héréditaire in France

Regulation (EU) 650/2012 and Territorial Conflicts of Laws in Spain

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