Cross-Border Divorce Law: Brussels II Bis

Hardcover | October 2, 2010

byMaire Ni Shuilleabhain

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This book examines the divorce aspects of the Brussels IIbis Regulation (Regulation 2201/2003). It gives detailed consideration to the new jurisdictional rules and to the likely interpretation of the core jurisdictional concept of 'habitual residence'. The scope of the Regulation is analysed,and particular attention is given to its possible application to civil partnerships and same-sex marriages. The book also analyses the Regulation's impact on ancillary relief matters and its interaction with related measures of Community and national law in that context. The new recognition procedures are considered in detail, as are the defences to recognition, and the wider consequences of automatic recognition are assessed. The book provides in-depth coverage of relevant case-law of the national and Community courts, and particular attention is given to thelikely impact of the cases decided under the 1968 Brussels Convention and under Regulation 44/2001 (including the Owusu case).

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This book examines the divorce aspects of the Brussels IIbis Regulation (Regulation 2201/2003). It gives detailed consideration to the new jurisdictional rules and to the likely interpretation of the core jurisdictional concept of 'habitual residence'. The scope of the Regulation is analysed,and particular attention is given to its po...

Maire Ni Shuilleabhain is a lecturer at the School of Law, University College Dublin where she teaches the conflict of laws, intellectual property law and commercial law. Her primary interests are in the family aspects of the conflict of laws and in trademark law. She has recently completed a PhD thesis at the University of Nottingham...

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Format:HardcoverDimensions:344 pagesPublished:October 2, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199581193

ISBN - 13:9780199581191

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Table of Contents

1. Introduction2. Habitual Residence, Domicile and Other Connecting Factors3. Personal, Temporal, Material and Geographic Scope of Brussels IIbis4. Jurisdictional Bases under Brussels IIbis5. Declining Jurisdiction under Brussels IIbis6. Recognition of Judgments under Brussels IIbis7. Conclusion