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The Recovery of Maintenance in the EU and Worldwide

The Recovery of Maintenance in the EU and Worldwide

Author: Paul Beaumont; Burkhard Hess; Lara Walker; Stefanie Spancken
Publisher: Hart Publishing
ISBN: 9781509909285

Published In: August 2016
Format: Paperback , 526 pages
Jurisdiction: European Union, International ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849465731

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Description
Contents
Author

Details

This book grew out of a major European Union (EU) funded project on the Hague Maintenance Convention of 2007 and on the EU Maintenance Regulation of 2009. The project involved carrying out analytical research on the implementation into national law of the EU Regulation and empirical research on the first year of its operation in practice. The project also engaged international experts in a major conference on recovery of maintenance in the EU and worldwide in Heidelberg in March 2013. The contributions in this book are the revised, refereed and edited versions of the best papers that were given at the conference. The book is divided into four parts: (i) comparative context (ii) international, looking at national and non-European regional practice and how the Hague Convention could change things; (iii) international and the EU, looking at issues covered by both the Hague Convention and the EU Regulation; and (iv) the EU-looking at the Maintenance Regulation. This is the first study to look carefully at both of the new cross-border maintenance regimes globally and in Europe and to begin the examination of the practical operation of the latter regime. The approval of the Hague Convention by the EU on 9 April 2014 is a major step forward for its practical significance in enabling the recovery of child and spousal support, as from 1 August 2014 all of the 28 EU Member States apart from Denmark will be bound by the Convention.

PART ONE: COMPARATIVE CONTEXT

1. Cultural Dimensions of Maintenance Law from a Private International Law Perspective

PART TWO: INTERNATIONAL PERSPECTIVE

2. Introduction to Part Two (International) and Part Three (International and EU)

3. The Modern History, Evolution and Projected Future of Child Support Enforcement in the United States and Globally: 1975 to 2025

4. Recognition and Enforcement of Foreign Maintenance Orders in Commonwealth African Countries

5. Recovery of Child Maintenance in South America and in Mercosur’s Countries

6. Enforcing Foreign Maintenance Decisions in the Hong Kong Special Administrative Region of the People’s Republic of China and the Hague Convention on International Recovery of Child Support and Other Forms of Family Maintenance from an Asian Perspective

7. The Potential of the 2007 Child Support Convention: Addressing Global Poverty and Supporting Economic Rights

8. Migration, Remittances and Child Support

9. International Maintenance Cases: Preliminary Research

10. Setting Appropriate Child Support Orders and Addressing Barriers: Research and Policy Implications to Improve Payments and Compliance

11. Administrative Establishment and Enforcement of Child Support in Norway

12. Child Support in Kazakhstan: Case for Accession to the 2007 Hague Maintenance Convention

13. Maintenance Obligations in the Brazilian Legal System

14. Argentina’s Regulation of Maintenance Obligations: Implementation of the 2007 Hague Convention

15. Recovery of Child Support in Nigeria

16. The Interface between Maintenance and Cross-border Surrogacy

PART THREE: INTERNATIONAL AND EUROPEAN UNION MATTERS

17. Developing an Electronic Case Management and Communication System for the 2007 Hague Child Support Convention and 2009 EU Maintenance Regulation: The iSupport Project

18. Child Maintenance and Authentic Instruments—A German Perspective

19. Innovations of the 2007 Hague Maintenance Protocol

PART FOUR: EUROPEAN UNION PERSPECTIVE

20. Setting the Scene—The EU Maintenance Regulation

21. Empirical Study on the Early Operation of the EU Maintenance Regulation

22. The Effective Operation of the EU Maintenance Regulation in the Member States

23. Love and Money: Problems of Characterisation in Matrimonial Property and Maintenance Matters in the European Union

24. Drawing a Demarcating Line between Spousal Maintenance Obligations and Matrimonial Property in the Context of the New Instruments of European Union Private International Law

25. Characterisation within Private International Law: Maintenance or Succession?

26. Choice of Court in Matters Relating to Maintenance Obligations

27. The Enforcement of Maintenance Decisions in the EU: Requiem for Public Policy? Family Relationships and the (Partial) Abolition of Exequatur

28. Jurisdiction, Recognition and Enforcement in Cases of Reimbursement Claims by Public Bodies

Index.

Paul Beaumont is Professor of European Union and Private International Law and Director of the Centre for Private International Law, School of Law, University of Aberdeen.
Burkhard Hess is the Director of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law. He is a Professor at the Universities of Heidelberg and Luxembourg.
Lara Walker is a Lecturer in Law at the University of Sussex.
Stefanie Spancken is undergoing legal traineeship at the District Court of Minster.