EU Private International Law

EU Private International Law

Second Edition

Elgar European Law series

Peter Stone

This thoroughly revised and updated second edition analyses in detail the current development of private international law at European Union level.

Chapter 18: Other family matters

Peter Stone

Subjects: law - academic, european law, private international law


INTRODUCTION As seen in Chapters 16 and 17 above, the Brussels IIA Regulation deals with matrimonial proceedings and decrees (for divorce, separation or annulment of marriage), and with proceedings and orders relating to parental responsibility. But the Brussels IIA Regulation does not deal with maintenance obligations under family law, nor with other aspects of family law, such as matrimonial property or succession to property on death.1 At present, maintenance obligations under family law are governed by the Brussels I Regulation, and its operation in relation to such obligations will be discussed in this chapter.2 But on 18th June 2011 such obligations will be removed from the scope of the Brussels I Regulation and subjected instead to a specific regime elaborated by EC Regulation 4/2009,3 which may conveniently be referred to as the Maintenance Regulation, and which will also be examined in this chapter.4 The Brussels I Regulation is, and the Maintenance Regulation will be, applicable to proceedings and orders relating to maintenance obligations, regardless of whether the maintenance claim is dealt with ancillarily in matrimonial proceedings or proceedings concerning parental responsibility or is the subject of a separate proceeding.5 In contrast, matrimonial property is not yet regulated by any Community measure, though it is among the matters listed for action in the first stage of the draft Programme of Measures for Implementation of the Principle of Mutual Recognition of Decisions in Civil and Commercial Matters.6 Moreover, no Community measure has yet been adopted which deals with succession to property...

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