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Stone on Private International Law in the European Union

Fourth Edition

Peter Stone

Within Europe the private international law rules have been harmonized to a very large extent by legislation adopted at EU level and case-law on the interpretation of this legislation. Recent developments include the entry into operation of revised versions of the Brussels I Regulation on civil jurisdiction and judgments and the Regulation on insolvency proceedings, as well as numerous decisions of the European Court and the English courts. The new edition of this authoritative work takes account of recent developments at both EU and UK levels.
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PREFACE

Peter Stone

 

This fourth edition incorporates many developments in legislation and case-law since the publication of the third edition in 2014. With regard to civil jurisdiction and judgments, the revised Brussels I Regulation, and the Hague Convention 2005 on choice of court agreements, have entered into operation. In family matters, the Hague Convention 1996 on parental responsibility and child protection is now in operation for all the EU Member States; the Succession Regulation has entered into operation for some Member States; and Regulations on matrimonial property and registered partnership property have been adopted. A revised Insolvency Regulation has been adopted and has entered into operation. At both EU level and national level, the case-law on the various regulations has continued to grow.

At the moment of completing this volume (in March 2018), the impact in the sphere of private international law of the pending withdrawal of the United Kingdom from membership of the European Union cannot reliably be predicted. So in general this volume should be read on the assumption that the United Kingdom has remained a member of the European Union, or has reached a withdrawal agreement by which the EU legislation in this sphere remains applicable in and to the United Kingdom. Some thoughts on other scenarios are, however, offered at the end of Chapter 1.

This volume endeavours to take account of legal sources which had become available by October 2017, and of some subsequent sources (such as decisions of the European Court) which had become available by March 2018. In view of the renumbering of the provisions of the Brussels I Regulation by the revised version thereof, in that context a reference herein to, for example, ‘Article 4 (ex Article 2)’ should be understood as a reference to Article 4 of the revised version, which corresponds to Article 2 of the original version.

Colchester

England

March 2018