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The Rome III Regulation

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The Rome III Regulation

A Commentary on the Law Applicable to Divorce and Legal Separation

9781788975773 Edward Elgar Publishing
Edited by Sabine Corneloup, Professor, University Paris II Panthéon-Assas, France
Publication Date: 2020 ISBN: 978 1 78897 577 3 Extent: 264 pp
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. Written by a team of renowned experts, private international law scholars and practitioners alike will find this Commentary an incisive and useful point of reference.

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Critical Acclaim
Contributors
Contents
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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 contextualize 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.
Critical Acclaim
‘This book makes a significant contribution to the literature on an important, complex and sensitive topic. It is comprehensive, meticulous and well written. It explains how the Rome III Regulation will, or should, operate in practice but, most importantly, it thoughtfully addresses the many questions that the Regulation leaves unanswered.’
– Symeon Symeonides, Willamette University, US

‘As about 13% of divorces in Europe have links with more than one country, the Rome III Regulation covers a significant need in EU law. However, lawyers and judges, particularly, must still spend their time solving problems such as how to avoid forum shopping, and clarifying the relationship with other instruments on related matters such as maintenance obligations. This Commentary, coordinated by Sabine Corneloup with the participation of outstanding specialists, provides an essential tool to help in this difficult task.’
– Alegría Borrás, University of Barcelona, Spain
Contributors
Contributors: A. Boiché, L. Carpaneto, C. Chalas, S. Corneloup, S. Dominelli, P. Franzina, C. González Beilfuss, S.L. Gössl, P. Hammje, B. Heiderhoff, F. Jault-Seseke, N. Joubert, T. Kruger, C.S. Rupp, J. Verhellen





Contents
Contents:
Introduction 1
Sabine Corneloup

CHAPTER I: SCOPE, RELATION WITH REGULATION (EC) No 2201/2003, DEFINITIONS
AND UNIVERSAL APPLICATION
Article 1 Scope 23
Susanne Lilian Gössl and Jinske Verhellen
Article 2 Relation with Regulation (EC) No 2201/2003 37
Sabine Corneloup
Article 3 Definitions 42
Petra Hammje
Article 4 Universal application 60
Fabienne Jault-Seseke

CHAPTER II: UNIFORM RULES ON THE LAW APPLICABLE TO DIVORCE AND
LEGAL SEPARATION
Article 5 Choice of applicable law by the parties 65
Cristina González Beilfuss
Article 6 Consent and material validity 79
Natalie Joubert
Article 7 Formal validity 87
Alexandre Boiché
Article 8 Applicable law in the absence of a choice by the parties 92
Pietro Franzina
Article 9 Conversion of legal separation into divorce 113
Laura Carpaneto
Article 10 Application of the law of the forum 125
Bettina Heiderhoff
Article 11 Exclusion of renvoi 139
Stefano Dominelli
Article 12 Public policy 150
Bettina Heiderhoff
Article 13 Differences in national law 163
Christelle Chalas
Article 14 States with two or more legal systems – territorial conflicts of laws 177
Caroline Sophie Rupp
Article 15 States with two or more legal systems – inter-personal conflicts of laws 191
Caroline Sophie Rupp
Article 16 Non-application of this Regulation to internal conflicts of laws 200
Caroline Sophie Rupp

CHAPTER III: OTHER PROVISIONS
Article 17 Information to be provided by participating Member States 206
Alexandre Boiché
Article 18 Transitional provisions 210
Cristina González Beilfuss
Article 19 Relationship with existing international conventions 214
Thalia Kruger
Article 20 Review clause 223
Sabine Corneloup

CHAPTER IV: FINAL PROVISIONS
Article 21 Entry into force and date of application 225
Sabine Corneloup

Index 227

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 78897 578 0
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