COUNCIL REGULATION (EC) No. 44/2001 of 22 December 2000 ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS

2009 ◽  
Keyword(s):  
Recognition And Enforcement ◽  
Council Regulation

BOOK REVIEWSBOOK REVIEWSvan der WeideJ. A.Lecturer in private international law, Faculty of Law, Free University, Amsterdam122001483367371RutgersJ.W., International Reservation of Title Clauses: A Study of Dutch, French and German Private International Law in the Light of European Law, T.M.C. Asser Press, The Hague 1999, XI + 233 pp., € 61.50/US$ 81/UK£ 47.25. ISBN 90-6704-116-5.Copyright © T.M.C. Asser Press 20012001T.M.C. Asser PresspdfS0165070X00001388a.pdfdispartBook Reviews1.See, e.g., VlietL.P.W. van, Transfer of Movables in German, French, English and Dutch Law (diss. Maastricht) (Nijmegen, Ars Aequi Libri 2000).2.1968 Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, most recently amended by the 1996 Accession Convention. The Brussels Convention will be converted into the Council Regulation (EC) No. 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (Official Journal ECL 12, 16 01 2001), which will come into force on 1 March 2002. This Council Regulation shall apply to all EC Member States except Denmark.3.Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 (Official Journal EC L 200, 8 08 2000). Art. 4 states: ‘1) Member States shall provide in conformity with the applicable national provisions designated by private international law that the seller retains title to goods until they are fully paid for if a retention of title clause has been expressly agreed between the buyer and the seller before the delivery of the goods. 2) Member States may adopt or retain provisions dealing with down payments already made by the debtor.’4.See, e.g., MünchKomm-Kreuzer, Internatonales sachenrecht (München, C.H. Beck 1998), Nach Art. 38 Anh. I, nrs. 66–67; Staudinger/Stoll, Internationales Sachenrecht (Berlin, Sellier de Gruyter 1996) nrs. 282–285 and 292–294; WeberR.H., ‘Parteiautonomie im internationalen Sachenrecht?

2001 ◽  
Vol 48 (03) ◽  
pp. 367
Author(s):  
J. A. van der Weide
Keyword(s):  
International Law ◽  
Official Journal ◽  
Brussels Convention ◽  
Private International Law ◽  
European Law ◽  
Member States ◽  
Law Faculty ◽  
Recognition And Enforcement ◽  
The Hague ◽  
Council Regulation

CURRENT DEVELOPMENTS: I. Brussels II bis: Matrimonial Matters, Parental Responsibility, Child Abduction and Mutual Recognition

2004 ◽  
Vol 53 (2) ◽  
pp. 503-512 ◽  
Author(s):  
Peter McEleavy
Keyword(s):  
Mutual Recognition ◽  
Free Movement ◽  
Council Meeting ◽  
Parental Responsibility ◽  
Member States ◽  
Child Abduction ◽  
Formal Classification ◽  
Recognition And Enforcement ◽  
Council Regulation

At the Justice and Home Affairs (JHA) Council meeting in Brussels on 2 and 3 October 2003 final political agreement was reached on a new and expanded version of the Brussels II Regulation, a text which has commonly become known as Brussels II bis. The instrument, which was adopted by the JHA ministers on 27 November, has now received formal classification as Council Regulation No 2201/2003 Concerning Jurisdiction and the Recognition and Enforcement of Judgments in Matrimonial Matters and Matters Relating to Parental Responsibility Repealing Regulation (EC) No 1347/2000.1 The net result of this precipitous reform is that Brussels JJ shall cease to have effect from 1 May 2005,2 a mere 4 years and 2 months after it entered into force. Henceforth there will be a single, integrated instrument which will cover, inter alia, the free movement of judgments in matters of parental responsibility as well as of matrimonial judgments and introduce provisions on cooperation between Member States.

scholarly journals Odlučivanje o imovinskim odnosima bračnih drugova u ostavinskim postupcima sukladno Uredbi 2016/1103 o bračnoimovinskom režimu

2017 ◽  
Vol 38 (1) ◽  
pp. 449-471
Author(s):  
Paula Poretti
Keyword(s):  
Family Law ◽  
Member States ◽  
Applicable Law ◽  
Cross Border ◽  
International Couples ◽  
Recognition And Enforcement ◽  
Council Regulation ◽  
Property Regimes ◽  
European Family ◽  
Open Issues

Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes (hereinafter: Regulation 2016/1103) provides for uniform rules which should facilitate delivering of judgments concerning matrimonial property in cross-border disputes in 18 Member States which established enhanced cooperation between themselves in the area of the property regimes of international couples. The application of the Regulation 2016/1103 should contribue to the application of other european instruments in the fi eld of european family law in divorce and succession proceedings. The paper presents rules on jurisdiction and applicable law under the Regulation 2016/1103 which should be applied in proceedings concerning matrimonial property regimes. Application of the provisions of Regulation 2016/1103 on jurisdiction and applicable law in proceedings for succession will be analyzed. The paper elaborates on certain potentially problematic solutions and open issues revealed through interpretation of provisions of Regulation 2016/1103 which could cause doubts and uncertainties for the court and public notaries. Possible solutions which could remove diffi culties and insuffi ciencies in the application of the Regulation 2016/1103 will be suggested.

Sign in / Sign up

Export Citation Format

Share Document