The Interaction between Family Law, Succession Law and Private International Law

Adapting to Change
1. Auflage 2021
ISBN: 978-1-78068-984-5
Verlag: Intersentia Ltd

Buch, Englisch, Format (B × H): 160 mm x 240 mm, Gewicht: 480 g

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.

Autoren/Hrsg.

Weitere Mitwirkende

Scherpe, Jens

Bargelli, Elena

Fachgebiete

• Rechtswissenschaften Bürgerliches Recht Erbrecht
• Rechtswissenschaften Bürgerliches Recht Familienrecht
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Privatrecht

Inhaltsverzeichnis

Table of Contents and Preliminary Pages (p. 0) The Interaction between Family Law, Succession Law and Private International Law: An Introduction (p. 1) 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 (p. 11) Empowering Private Autonomy as a Means to Navigate the Patchwork of EU Regulations on Family Law (p. 35) The Impact of Private Divorces on EU Private International Law (p. 59) 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? (p. 77) The Effects of EU Law on Family Law in England and Wales: Children First? (p. 101) 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? (p. 121) Understanding and Interpreting the Succession Regulation through its National Origins (p. 139) 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? (p. 155) A German Perspective on the Impact of EU Private International Law on National Succession Law (p. 181) The Impact of European Private International Law and the reserve hereditaire in France (p. 195) Regulation (EU) 650/2012 and Territorial Conflicts of Laws in Spain (p. 213)

Über Autor(innen)

Scherpe, Jens
JENS M. SCHERPE is Professor of Comparative Law at Aalborg University. Until August 2022, he was Professor of Comparative Law at the University of Cambridge and the Director of Cambridge Family Law. He is an Emeritus Fellow of Gonville and Caius College and the Editor of the International Journal of Law, Policy and the Family (IJLPF). His publications include major comparative studies on Marital Agreements and Private Autonomy in Comparative Perspective (2012), The Legal Status of Transsexual and Transgender Persons (2015), The Future of Registered Partnerships – Family Recognition Beyond Marriage? (2017, with Andy Hayward), The Legal Status of Intersex Persons (with Anatol Dutta and Tobias Helms, 2018) and Eastern and Western Perspectives on Surrogacy (with Claire Fenton-Glynn and Terry Kaan, 2019). In 2016 he also edited a four-volume book set on European Family Law, including a monograph on The Present and Future of European Family Law.

Bargelli, Elena
Elena Bargelli is currently Associate Professor of Private law at the University of Pisa, with tenure. From 2008 to 2009 she was Research Fellow of the Alexander von Humboldt Stiftung at Max Planck Institut für ausländisches und internationales Privatrecht (Hamburg, Germany). From 2001 to 2006 she was lecturer of Private Law at the Faculty of Economics (Pisa). In 1999 she completed her PhD in Private Law at the University of Pisa. She was visiting fellow at the Institute of Advanced Legal Studies, London UK (2011/2012), at the Yale Law School, New Haven, USA (2007), at Max Planck Institut für ausländisches und internationales Privatrecht, Hamburg, Germany (2006, 2004).