Brussels IIa - Rome III
Abstract
This new English commentary discusses the two directly applicable EU regulations and hence the central provisions of European divorce and family law
the so-called Rome III Regulation on enhanced cooperation in the field of separation and divorce
the so-called Brussels IIa Regulation on the recognition and enforcement of judgments in matrimonial matters as well as matters of parental responsibility (Council Regulation (EC) No 2201/2003).
In addition to various other European standards and conventions, these two directly applicable EU regulations are the central provisions of the new European divorce law and thus of paramount importance for every legal user in family law in all binational family law cases.
The commentary is supplemented by a brief explanation of the Hague Convention on the Protection of Children (CISA).
Dr Christoph Althammer is a professor for international private law at the University of Regensburg.
Zusammenfassung
This new English commentary discusses the two directly applicable EU regulations and hence the central provisions of European divorce and family law
the so-called Rome III Regulation on enhanced cooperation in the field of separation and divorce
the so-called Brussels IIa Regulation on the recognition and enforcement of judgments in matrimonial matters as well as matters of parental responsibility (Council Regulation (EC) No 2201/2003).
In addition to various other European standards and conventions, these two directly applicable EU regulations are the central provisions of the new European divorce law and thus of paramount importance for every legal user in family law in all binational family law cases.
The commentary is supplemented by a brief explanation of the Hague Convention on the Protection of Children (CISA).
Dr Christoph Althammer is a professor for international private law at the University of Regensburg.
- Kapitel Ausklappen | EinklappenSeiten
- I–XVIII Titelei/Inhaltsverzeichnis I–XVIII
- 1–296 Commentary Regulation (EC) 2201/2003 Brussels IIa 1–296
- 1–12 Introduction 1–12
- 13–30 Chapter I. Scope and Definitions 13–30
- Article 1. Scope
- Article 2. Definitions
- 31–158 Chapter II. Jurisdiction 31–158
- 31–73 Section 1. Divorce, legal separation and marriage annulment 31–73
- Article 3. General jurisdiction
- Article 4. Counterclaim
- Article 5. Conversion of legal separation into divorce
- Article 6. Exclusive nature of jurisdiction under Articles 3, 4 and 5
- Article 7. Residual jurisdiction
- 74–121 Section 2. Parental responsibility 74–121
- Preliminary note
- Article 8. General jurisdiction
- Article 9. Continuing jurisdiction of the child’s former habitual residence
- Article 10. Jurisdiction in cases of child abduction
- Article 11. Return of the child
- Article 12. Prorogation of jurisdiction
- Article 13. Jurisdiction based on the child’s presence
- Article 14. Residual jurisdiction
- Article 15. Transfer to a court better placed to hear the case
- 122–158 Section 3. Common provisions 122–158
- Preliminary note to Articles 16–20
- Article 16. Seising of a Court
- Article 17. Examination as to jurisdiction
- Article 18. Examination as to admissibility
- Article 19. Lis pendens and dependent actions
- Article 20. Provisional, including protective, measures
- 159–246 Chapter III. Recognition and Enforcement 159–246
- 159–185 Section 1. Recognition 159–185
- Article 21. Recognition of a judgment
- Article 22. Grounds of non-recognition for judgments relating to divorce, legal separation or marriage annulment
- Article 23. Grounds of non-recognition for judgments relating to parental responsibility
- Article 24. Prohibition of review of jurisdiction of the court of origin
- Article 25. Differences in applicable law
- Article 26. Non-review as to substance
- Article 27. Stay of proceedings
- 186–202 Section 2. Application for a declaration of enforceability 186–202
- Article 28. Enforceable judgments
- Article 29. Jurisdiction of local courts
- Article 30. Procedure
- Article 31. Decision of the court
- Article 32. Notice of the decision
- Article 33. Appeal against the decision
- Article 34. Courts of appeal and means of contest
- Article 35. Stay of proceedings
- Article 36. Partial enforcement
- 203–207 Section 3. Provisions common to Sections 1 and 2 203–207
- Article 37. Documents
- Article 38. Absence of documents
- Article 39. Certificate concerning judgments in matrimonial matters and certificate concerning judgments on parental responsibility
- 208–231 Section 4. Enforceability of certain judgments concerning rights of access and of certain judgments which require the return of the child 208–231
- Article 40. Scope
- Article 41. Rights of access
- Article 42. Judgments ordering the return of a child
- Article 43. Rectification of the certificate
- Article 44. Effects of the certificate
- Article 45. Documents
- 232–235 Section 5. Authentic instruments and agreements 232–235
- Article 46
- 236–246 Section 6. Other provisions 236–246
- Article 47. Enforcement procedure
- Article 48. Practical arrangements for the exercise of rights of access
- Article 49. Costs
- Article 50. Legal aid
- Article 51. Security, bond or deposit
- Article 52. Legalisation or other similar formality
- 247–258 Chapter IV. Cooperation between central authorities in matters of parental responsibility 247–258
- Article 53. Designation
- Article 54. General functions
- Article 55. Cooperation in cases specific to parental responsibility
- Article 56. Placement of a child in another Member State
- Article 57. Working method
- Article 58. Meetings
- 259–274 Chapter V. Relations with other instruments 259–274
- Article 59. Relation with other instruments
- Article 60. Relations with certain multilateral conventions
- Article 61. Relation with the Hague Convention of 19 October 1996 on Jurisdiction, Applicable law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the P...
- Article 62. Scope of effects
- Article 63. Treaties with the Holy See
- 275–284 Chapter VI. Transitional provisions 275–284
- Article 64
- 285–296 Chapter VII. Final provisions 285–296
- Article 65. Review
- Article 66. Member States with two or more legal systems
- Article 67. Information on central authorities and languages accepted
- Article 68. Information relating to courts and redress procedures
- Article 69. Amendments to the Annexes
- Article 70. Committee
- Article 71. Repeal of Regulation (EC) No 1347/2000
- Article 72. Entry into force
- 297–406 Commentary Regulation (EC) 1259/2010 Rome III 297–406
- 297–312 Introduction 297–312
- 313–324 Chapter I. Scope, Relation with Regulation (EC) No 2201/2003, Definitions and Universal Application 313–324
- Article 1. Scope
- Article 2. Relation with Regulation (EC) No 2201/2003
- Article 3. Definitions
- Article 4. Universal application
- 325–382 Chapter II. Uniform Rules on the Law Applicable To Divorce and Legal Separation 325–382
- Article 5. Choice of applicable law by the parties
- Article 6. Consent and material validity
- Article 7. Formal validity
- Article 8. Applicable law in the absence of a choice by the parties
- Article 9. Conversion of legal separation into divorce
- Article 10. Application of the law of the forum
- Article 11. Exclusion of renvoi
- Article 12. Public policy
- Article 13. Differences in national law
- Article 14. States with two or more legal systems – territorial conflicts of laws
- Article 15. States with two or more legal systems – inter-personal conflicts of laws
- Article 16. Non-application of this Regulation to internal conflicts of laws
- 383–388 Chapter III. Other provisions 383–388
- Article 17. Information to be provided by participating Member States
- Article 18. Transitional provisions
- Article 19. Relationship with existing international conventions
- Article 20. Review clause
- 389–390 Chapter IV. Final Provisions 389–390
- 391–406 Appendix: Convention of 19 October 1996 – protection of children 391–406
- 407–412 Index 407–412
