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Rome III

A Commentary Edited by Sabine Corneloup,Professor, Université Paris II Panthéon-Assas, France
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.
Extent: c 240 pp
Hardback Price: $150.00 Web: $135.00
Publication Date: February 2020
ISBN: 978 1 78897 577 3
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  • Law - Academic
  • Family Law
  • Private International Law
  • Law - Professional
  • Family Law
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.
‘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 include: 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. Rupp, J. Verhellen





Contents:

Introduction
Sabine Corneloup

1. Scope
Susanne Lilian Gössl 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 González Beilfuss

6. Consent and material validity
Natalie Joubert

7. Formal validity
Alexandre Boiché

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 Boiché

18. Transitional provisions
Cristina González Beilfuss

19. Relationship with existing international conventions
Thalia Kruger

20. Review clause

21. Entry into force and date of application

Index