The Developing EC Private International Law on Family Matters

Parental Responsibility ◽

Choice Of Law ◽

Recognition And Enforcement

The entry into force on 1st March 2001 of Regulation 1347/2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and in Matters of Parental Responsibility for Children of Both Spouses (‘the Matrimonial Regulation’) amounts to a landmark in the harmonisation of private international law at European Community level. It deals with direct judicial jurisdiction, and the mutual recognition and enforcement of judgments, but not choice of law, in respect of divorce, separation and annulment of marriage, and of custody (in a broad sense) of children of both spouses when determined on the occasion of matrimonial proceedings. It is the first EC measure to enter into force dealing with private international law in family matters, and is likely to be followed up by further such measures, especially in relation to child custody when dealt with independently of any matrimonial proceedings.

The Developing EC Private International Law on Family Matters

Cambridge yearbook of European legal studies ◽

10.5235/152888712802761680 ◽

2001 ◽

Vol 4 ◽

pp. 373-412 ◽

Cited By ~ 1

Author(s):

Peter Stone

Keyword(s):

International Law ◽

European Community ◽

Child Custody ◽

Mutual Recognition ◽

Broad Sense ◽

Community Level ◽

Parental Responsibility ◽

Choice Of Law ◽

Recognition And Enforcement

The Brussels II Regulation: How the European Community has Moved into Family Law

International and Comparative Law Quarterly ◽

10.1093/iclq/51.4.883 ◽

2002 ◽

Vol 51 (4) ◽

pp. 883-908 ◽

Cited By ~ 6

Author(s):

Peter McEleavy

Keyword(s):

United Kingdom ◽

International Law ◽

European Community ◽

Family Law ◽

Parental Responsibility ◽

The United Kingdom ◽

Significant Step ◽

Council Regulation

On 1 March 2001 Council Regulation (EC) No 1347/2000 of 29 May 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and in Matters of Parental Responsibility for Children of both Spouses (Brussels II) entered into force.1 In the United Kingdom at least this significant step went relatively unnoticed. Nevertheless, the Regulation marks a new departure for the European Community and is likely to be but the first in a series of instruments dealing with family law issues. This article will use an analysis of the evolution of the Brussels II initiative to explore how and why the European Community has been able to move into an area not innately associated with traditional European goals.2 It will then reflect on the wider impact of the Regulation and any future initiatives for private international law and family law in Europe.

1. Introduction

10.1093/he/9780198732297.003.0001 ◽

2016 ◽

Author(s):

Jonathan Hill

Keyword(s):

International Law ◽

Potential Conflict ◽

English Court ◽

Choice Of Law ◽

Conflict Of Laws ◽

Foreign Countries ◽

The Subject

This introductory chapter begins by explaining the nature of the subject known as conflict of laws or private international law, which deals with cases before the English court which have connections with foreign countries. The foreign elements in the case may be events which have taken place in a foreign country or countries, or they may be the foreign domicile, residence, or place of business of the parties. In short, any case involving a foreign element raises potential conflict of laws issues. The conflict of laws is concerned with the following three questions: jurisdiction; choice of law; and the recognition and enforcement of foreign judgments. The remainder of the chapter discusses the various stages of proceedings which raise conflict of laws issues.

Part V Family Law, 25 Children

10.1093/law/9780199678983.003.0025 ◽

2017 ◽

Author(s):

Torremans Paul

Keyword(s):

International Law ◽

Union Member ◽

Common Law ◽

Hague Convention ◽

European Union Member State ◽

Parental Responsibility ◽

Council Of Europe ◽

Child Abduction ◽

Recognition And Enforcement

This chapter examines private international law rules that govern orders concerning children, including orders determining with whom a child shall live or with whom he may have contact. It first considers the rules governing the jurisdiction of the English courts as regards parental responsibility matters, the choice of law rules applied, and the different provisions for the recognition and enforcement of parental responsibility and related orders made elsewhere. In particular, it discusses orders granted in another European Union Member State, except Denmark; orders granted in another Contracting State to the 1996 Hague Protection Convention; and orders granted in Scotland and Northern Ireland. It also analyses the relevant provisions of the Child Abduction and Custody Act 1985 and common law rules before concluding with an overview of other important developments including the 1996 Hague Convention and the Council of Europe Convention on Contact concerning Children.

Part 2 National and Regional Reports, Part 2.4 Europe: Coordinated by Thomas Kadner Graziano, 44 Iceland: Icelandic Perspectives on the Hague Principles

Choice of Law in International Commercial Contracts ◽

10.1093/law/9780198840107.003.0044 ◽

2021 ◽

Author(s):

Þorláksson Eiríkur Elís

Keyword(s):

International Law ◽

Choice Of Law ◽

The Hague ◽

The Law ◽

The Republic ◽

Contractual Obligations

This chapter focuses on Icelandic perspectives on the Hague Principles. The constitution of the Republic of Iceland does not contain any provisions on the principles of private international law. Moreover, there is no general act on private international law in force in Iceland. However, legislation on specific aspects of private international law, such as conflicts of the laws of contract and recognition and enforcement of foreign decisions, can be found in Icelandic law. Moreover, individual provisions on recognition and enforcement, jurisdiction, and choice of law can be found throughout Icelandic legislation. The legislative act which applies to contractual obligations in the field of private international law in Iceland is Act No 43/2000 on the law applicable to contractual obligations. There are no other acts that explicitly aim to address choice of law issues other than Act No 43/2000, but individual provisions can be found indicating the choice of law in specific areas of law; otherwise, Icelandic courts will apply general principles to the case at hand. There is currently no revision of Act No 43/2000 under discussion in Iceland.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 30 Lebanon: Lebanese Perspectives on the Hague Principles

Choice of Law in International Commercial Contracts ◽

10.1093/law/9780198840107.003.0030 ◽

2021 ◽

Author(s):

Kobeh Marie-Claude Najm

Keyword(s):

International Law ◽

Civil Procedure ◽

Choice Of Law ◽

International Jurisdiction ◽

Foreign Law ◽

Statutory Law ◽

Rules And Principles ◽

The Hague

This chapter evaluates Lebanese perspectives on the Hague Principles. In Lebanon, private international law rules in respect of international commercial contracts are not codified. There are statutory rules governing certain areas of private international law, some of which might be relevant in cases where international commercial contracts are litigated. This is the case for rules on international jurisdiction (Articles 74–80 Code of Civil Procedure, hereafter CCP), recognition and enforcement of foreign decisions (Articles 1009–1024 CCP), international arbitration (Articles 809–821 CCP) and the application of foreign law (Articles 139–142 CCP). Given the rarity of private international law statutory rules, and specifically the absence of statutory choice of law rules for international commercial contracts, it was up to the courts to shape conflict of law rules for these contracts.. In this respect, Lebanese courts do not have the authority to refer to the Hague Principles as persuasive applicable rules, ie to use them to interpret and supplement the applicable rules and principles of private international law. Nevertheless, it should be noted that Article 4 CCP invites the courts, in the absence of statutory law, to rely on ‘general principles, custom and equity’.

A Conflict Of Laws Companion

10.1093/oso/9780198868958.001.0001 ◽

2021 ◽

Keyword(s):

International Law ◽

Academic Community ◽

Legal Systems ◽

Choice Of Law ◽

Conflict Of Laws ◽

University Of Oxford ◽

The University

This collection of essays is written in honour of Adrian Briggs, Professor of Private International Law at the University of Oxford. It recognises his outstanding contributions to the study and practice of the conflict of laws in England and internationally. The essays, written by experts from several legal systems, address topics ranging across the subject’s conventional lines of demarcation (jurisdiction, choice of law and the recognition and enforcement of judgments) and extending to its frontiers. Each of them engages with a particular aspect of the subject’s work. Separately, Professor Briggs’ close colleagues outline his many contributions to teaching and the wider academic community in Oxford and elsewhere.

Habitual Residence: The New Domicile?

International and Comparative Law Quarterly ◽

10.1017/s0020589300063971 ◽

2000 ◽

Vol 49 (1) ◽

pp. 86-107 ◽

Cited By ~ 10

Author(s):

Pippa Rogerson

Keyword(s):

Social Security ◽

International Law ◽

European Commission ◽

Child Custody ◽

Habitual Residence ◽

Choice Of Law ◽

Rome Convention ◽

Domestic Legislation

There have been several cases reported over the last few years on the meaning of “habitual residence”. This comparatively new phrase is much in use not only in domestic legislation but also in various Hague Conventions on the reform of private international law and it is in widespread use by the European Commission. Habitual residence is the basis for allocating jurisdiction to that State's court, especially in relation to matrimonial causes and child custody. For example, it has been proposed by the European Commission as a replacement for domicile in the new Convention on the Jurisdiction and Enforcement of Judgments in Civil Matters. Habitual residence is also extremely important in connection with tax matters and social security. It is additionally used in the Immigration Act 1971. Other than its purpose in allocating jurisdiction, habitual residence is beginning to be adopted as a connecting factor for choice of law, for instance the Rome Convention on Choice of Law in Contract.

Part 2 National and Regional Reports, Part 2.4 Europe: Coordinated by Thomas Kadner Graziano, 50 Ukraine: Ukrainian Perspectives on the Hague Principles

Choice of Law in International Commercial Contracts ◽

10.1093/law/9780198840107.003.0050 ◽

2021 ◽

Author(s):

Vorobey Dmytro

Keyword(s):

International Law ◽

Contract Law ◽

Legal Order ◽

Choice Of Law ◽

Rome Convention ◽

The Hague ◽

The Law ◽

Contractual Obligations

This chapter studies Ukrainian perspectives on the Hague Principles. Ukrainian private international law act, or formally the ‘Law of Ukraine “On Private International Law” ’ (PIL), was adopted on June 23, 2005. As per the Preamble to the PIL, it applies to ‘private [legal] relationships which are connected to one or more legal orders other than the Ukrainian legal order’. According to Article 2 of the PIL, it applies to matters of choice of law, procedural standing of foreign citizens, stateless persons and foreign legal entities, jurisdiction of Ukrainian courts in cases involving foreign parties, execution of letters rogatory, and recognition and enforcement of foreign court judgements in Ukraine. The Ukrainian private international law and specifically the PIL were influenced by the 1980 Rome Convention on the Law Applicable to Contractual Obligations. Although, considering the relative novelty of the Hague Principles, the authority of the courts to refer to the Hague Principles has not been addressed by the higher Ukrainian courts, the courts have frequently referred to the international codifications of contract law such as the UNIDROIT Principles of International Commercial Contracts.

Part V Family Law, 24 Financial Relief

10.1093/law/9780199678983.003.0024 ◽

2017 ◽

Author(s):

Torremans Paul

Keyword(s):

International Law ◽

Family Law ◽

English Court ◽

Choice Of Law ◽

System Maintenance ◽

The Hague

This chapter examines three main questions of private international law that arise from petitions for financial relief: the jurisdiction of the English court; the power to order relief after a foreign divorce/dissolution, annulment or legal separation; and the recognition and enforcement of foreign decrees or orders in relation to financial relief. It first considers the jurisdiction of the English court under the general jurisdictional rules, the Brussels/Lugano system, Maintenance Regulation, and Lugano Convention before discussing the powers of the English court to grant financial relief after a foreign divorce/dissolution, annulment or legal separation. It also analyses the choice of law rules governing financial relief, along with the recognition and enforcement of foreign orders, and concludes with an overview of international initiatives such as the Hague Conference on Private International Law.