The Europeanisation of International Family Law
International family law is an area that is predominantly regulated by national law. Currently the national choice of law rules of the EU Member States are more and more displaced by common European rules, which will entail considerable changes.In this bo
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Baarsma
N.A. Baarsma
International family law is an area that is predominantly regulated by national law. Currently the national choice of law rules of the EU Member States are more and more displaced by common European rules, which will entail considerable changes.
The analysis of the failure of the European proposal shows that the most important bottleneck is the lack of a theoretical foundation of the unified choice of law. In the concluding chapter the author produces a number of recommendations on the development of (a theoretical foundation of) the European system of international family law, starting from the principles and objectives of European law. Nynke Baarsma is presently working in the District Court of Groningen, The Netherlands.
ISBN 978-90-6704-742-5
The Europeanisation of International Family Law
In this book, the nature and reasons of the changes brought about by the transition from a national to a supranational choice of law approach are discussed in one particular field of international family law: the termination by dissolution of marriages and marriage-like registered partnerships. The current Dutch and the proposed European choice of law rules on divorce are examined and compared. Some Member States have strongly opposed the European proposal and no consensus could be reached.
The Europeanisation of International Family Law
N.A. Baarsma
The Europeanisation of International Family Law
N.A. Baarsma
The Europeanisation of International Family Law
123
ISBN 978-90-6704-742-5
e-ISBN 978-90-6704-743-2
DOI 10.1007/978-90-6704-743-2 Ó T.M.C. ASSER
PRESS,
The Hague, The Netherlands, and the author 2011
Published by T.M.C. ASSER
PRESS,
The Hague, The Netherlands, www.asserpress.nl
Produced and distributed for T.M.C. ASSER
PRESS
by Springer-Verlag Berlin Heidelberg
No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Cover design: eStudio Calamar, Berlin/Figueres Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Preface
This book deals with the Europeanisation of international family law. Over the last decade the European Union has shown increasing interest in the field of international family law. This is not surprising, since the growing mobility of citizens as a result of the free movement of persons has led to a consequential rise of the formation and dissolution of international families. More and more questio
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