Description
Book SynopsisThere 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.
Trade Review'The book aims to be a key tool for drafting or considering new private law instruments in succession and family laws. By offering concrete proposals on various matters [...] the book certainly fulfils its primary objective and is a recommended read for domestic and European law reformers.' -- Laure Sauv, International Journal of Law, Policy and The Family, 2021.
Table of ContentsTable 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)
