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Vol 24 No 9 Sept/Oct 2019

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The Anti-Suit Injunction

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Rome III: A Commentary

Edited by: Sabine Corneloup

ISBN13: 9781788975773
To be Published: February 2020
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £145.00



This comprehensive Commentary provides an in-depth, article-by-article analysis of the Rome III Regulation, the uniform rules adopted by the EU to determine the law applicable to cross-border divorce and legal separation. Disputes on family matters form part of everyday litigation in the EU, with around 140,000 international divorces per year; this Commentary offers a clear legal understanding of the regulation that governs this increasingly significant area of family law.

Written by a team of renowned experts on private international law in relation to family matters, chapters contextualise and examine the provisions of the regulation, with clear insight into the rationale behind the text. The contributors engage critically with each article, analysing Rome III's overall effectiveness and offering a balanced critique from a variety of European perspectives.

Private international law scholars and practitioners alike will find this Commentary an incisive and useful point of reference. It will be of particular interest to those working in family law, including judges, lawyers, public notaries and family mediators, as well as graduate students looking for in-depth knowledge of the subject.

Subjects:
Family Law, EU Law
Contents:
Introduction - Sabine Corneloup
1. Scope - Susanne Lilian Goessl and Jinske Verhellen
2. Relation with Regulation (EC) No 2201/2003 - Sabine Corneloup
3. Definitions - Petra Hammje
4. Universal application - Fabienne Jault-Seseke
5. Choice of applicable law by the parties - Cristina Gonzalez Beilfuss
6. Consent and material validity - Natalie Joubert
7. Formal validity - Alexandre Boiche
8. Applicable law in the absence of a choice by the parties - Pietro Franzina
9. Conversion of legal separation into divorce - Laura Carpaneto
10. Application of the law of the forum - Bettina Heiderhoff
11. Exclusion of renvoi - Stefano Dominelli
12. Public policy Review clause - Bettina Heiderhoff
13. Differences in national law - Christelle Chalas
14. States with two or more legal systems - territorial conflicts of laws - Caroline Rupp
15. States with two or more legal systems - inter-personal conflicts of laws - Caroline Rupp
16. Non-application of this Regulation to internal conflicts of laws - Caroline Rupp
17. Information to be provided by participating Member States - Alexandre Boiche
18. Transitional provisions - Cristina Gonzalez Beilfuss
19. Relationship with existing international conventions - Thalia Kruger
20. Review clause
21. Entry into force and date of application
Index