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Vol 22 No 4 April/May 2017

Book of the Month

Cover of Whistleblowing: Law and Practice

Whistleblowing: Law and Practice

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Maintenance And Child Support in Private International Law


ISBN13: 9781849467179
Published: March 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00
Paperback edition not yet published, ISBN13 9781509915507



In stock.

No one would dispute that the duty to provide for those that you have a legal and moral obligation to support is very important.

In the book the provisions in EU Maintenance Regulation no 4/2009 and the Hague Maintenance Convention of 2007 are analysed in order to discover what developments and therefore potential improvements have been made in relation to the recovery of maintenance from abroad.

The book also includes an empirical study on the first year of operation of the Maintenance Regulation. Data collected has been analysed in order to supplement the critique of the instruments. The information and analysis is used to suggest suitable solutions for the future which include, amendments to the Regulation and recommendations for best practice.

Subjects:
Family Law
Contents:
1. Introduction
I. Introduction
II. Aim and Structure
III. Methodology
IV. Approach: Pragmatism
V. 'Maintenance' as a Concept
VI. Conclusion

2. History of the Recovery of Maintenance from Abroad
I. Introduction
II. First Steps-A Regime for the UK and His Majesty's Dominions
III. The First International Regime
IV. The Regime Established by the Hague Conference
V. Recovery of Maintenance in Europe
VI. The Initial Impact of the Regulation
VII. Conclusion

3. Scope: Maintenance Regulation
I. Introduction
II. Relationships the Regulation Applies to
III. Characterisation
IV. Conclusion

4. Scope: The 2007 Hague Convention
I. Introduction
II. Child Support
III. Spousal Support
IV. Other Forms of Maintenance
V. Conclusion

5. Jurisdiction
I. Introduction
II. Jurisdiction in EU Family Law
III. General Grounds of Jurisdiction
IV. Lack of Coherence and Possible Solutions
V. Choice of Court
VI. Jurisdiction Based on the Appearance of the Defendant
VII. Subsidiary Jurisdiction and Forum Necessitatis-No Room for National Law
VIII. Limits on Bringing Proceedings
IX. Conclusion

6. Hague Protocol on Applicable Law
I. Introduction
II. Scope
III. Law Applicable
A. General Rule
B. Special Rules
C. Choice of Applicable Law
IV Other Provisions
A. Public Policy and Determining the Amount of Maintenance
B. Exclusion of Renvoi
V. Conclusion

7. Recognition and Enforcement: Regulation
I. Introduction
II. The Procedures in the Maintenance Regulation
III. Non-Protocol States
IV. The Abolition of Exequatur
V. Possible Issues with the Abolition of Exequatur in EU Regulations
VI. The Implications of the Hague Protocol and other Methods of Mitigating the Effect of the Abolition of Exequatur in Maintenance Proceedings
A. The Hague Protocol
B. Articles 19 and 21
VII. Are the Separate Procedures Understood in Practice?
VIII. Suitable Alternative Arrangements
IX. Conclusion

8. Recognition and Enforcement: Convention
I. Introduction
II. Scope
III. Jurisdiction
A. Habitual Residence of the Respondent and the Creditor
B. Habitual Residence of the Child
C. Party Autonomy
D. Personal Status
IV. Grounds for Refusal
A. Ex Officio Review
B. Review by the Defendant
C. Summary
V. Procedure for Recognition and Enforcement
VI. Alternative Procedure for Recognition and Enforcement
VII. Conclusion

9. Actual Enforcement
I. Introduction
II. Convention
III. Common Provisions on Central Authorities
A. The Ongoing Enforcement of Maintenance Obligations
B. Collect and Transfer Payments
C. Provisional Measures
IV. Enforcement in Europe
A. The Procedure
B. Practice So Far
V. Case Law of the ECtHR on Enforcement
VI. Information Technology: iSupport
VII. Conclusion

10. Administrative Cooperation
I. Introduction
II. Designation of Central Authorities
III. General Functions
IV. Specific Functions
V. Legal Assistance
VI. Locate One of the Parties
VII. Information on Income and Other Financial Circumstances, Including the Location of Assets
VIII. Encourage Amicable Solutions
IX. Ongoing Enforcement
X. Collection and Expeditious Transfer
XI. Obtaining of Documentary or Other Evidence
XII. Parentage
XIII. Provisional Measures that have the Purpose of Securing the Outcome of a Pending Maintenance Application
XIV. Service
XV. Practical Application of Selected Provisions
A. Requests for Specific Measures
B. Meeting the Time Requirements
XVI. Potential Future Developments: Designing Suitable Minimum Standards
XVII. Conclusion

11. Conclusion
I. Scope and Characterisation
II. EU Solutions
III. International Solutions
IV. Overall Comments
V. Final Remarks

Series: Studies in Private International Law

The Nature and Enforcement of Choice of Court Agreements: A Comparative Study ISBN 9781509914494
To be published August 2017
Hart Publishing
£80.00
Maintenance And Child Support in Private International Law ISBN 9781509915507
To be published May 2017
Hart Publishing
£30.00
£24.99
The Choice of Law Contract (eBook) ISBN 9781509901029
Published July 2016
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
The Choice of Law Contract ISBN 9781849467643
Published July 2016
Hart Publishing
£60.00
Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781849466912
Published October 2015
Hart Publishing
£70.00
Electronic Consumer Contracts in the Conflict of Laws 2nd ed (eBook) ISBN 9781782259305
Published October 2015
Hart Publishing
£58.33 + £11.66 VAT
(ePub)
Buy
£55.00
The Hague Child Abduction Convention: A Critical Analysis ISBN 9781849460170
Published November 2013
Hart Publishing
£80.00
The Hague Child Abduction Convention: A Critical Analysis (eBook) ISBN 9781782253099
Published November 2013
Hart Publishing
£66.66 + £13.33 VAT
(ePub)
Buy
£58.33 + £11.66 VAT
(ePub)
Buy
Child Abduction within the European Union (eBook) ISBN 9781782250838
Published March 2013
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
Buy
Child Abduction within the European Union ISBN 9781849463973
Published March 2013
Hart Publishing
£65.00
Intellectual Property and Private International Law: Comparative Perspectives (eBook)
Edited by: Toshiyuki Kono
ISBN 9781847319708
Published June 2012
Hart Publishing
£187.49 + £37.50 VAT
(ePub)
Buy
Intellectual Property and Private International Law: Comparative Perspectives
Edited by: Toshiyuki Kono
ISBN 9781849462310
Published June 2012
Hart Publishing
£225.00
The Governing Law of Companies in EU Law ISBN 9781849462969
Published April 2012
Hart Publishing
£65.00
The Governing Law of Companies in EU Law (eBook) ISBN 9781847319272
Published April 2012
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
Buy
Mediating International Child Abduction Cases: The Hague Convention ISBN 9781849461818
Published October 2011
Hart Publishing
£60.00
Mediating International Child Abduction Cases: The Hague Convention (eBook) ISBN 9781847318657
Published October 2011
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
International Child Abduction: The Inadequacies of the Law ISBN 9781849461566
Published August 2011
Hart Publishing
£65.00
International Child Abduction: The Inadequacies of the Law (eBook) ISBN 9781847318565
Published August 2011
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
Buy
Cases and Materials on EU Private International Law ISBN 9781849460279
Published April 2011
Hart Publishing
£49.99
Cases and Materials on EU Private International Law (eBook) ISBN 9781847317636
Published April 2011
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
Buy
Jurisdiction and Judgments in Relation to EU Competition Law Claims ISBN 9781841136592
Published December 2010
Hart Publishing
£75.00
Foreign Currency Claims in the Conflict of Laws ISBN 9781841138923
Published April 2010
Hart Publishing
£55.00
Electronic Consumer Contracts in the Conflict of Laws ISBN 9781841138473
Published September 2009
Hart Publishing
Out of print