341.9INT
Monografia
3993
INTERNATIONAL FAMILY LAW FOR THE EUROPEAN UNION
International family law for the European Union / Johan Meeusen..[et al.] [ed. lit.].- Antwerpen : Intersentia, 2007.- XVI, 461p. ; 25cm
ISBN 978-90-5095-605-5 (Encad.) : compra
DIREITO INTERNACIONAL PRIVADO, DIREITO DA FAMÍLIA, DIREITOS DO HOMEM, UNIÃO EUROPEIA
General report / Johan Meeusen...[et al.] Chap. 1- Introduction; Chap. 2- european harmonisation of substantive family law; Chap. 3- The human rigths perspective; Chap. 4- The harmonisation of private international family law within the free movement law framework; chap. 5- The harmonisation of international family law; 1. OBJECTIVES AND VALUES OF SUBSTANTIVE FAMILY LAW / Masha Antokolskaia : Chap. 1- Compromise between the conflicting values and contradictive objectives in the background of family law reforms, with a few examples; Chap. 2- Persistent ideological discord in family law; Chap. 3- Searching for shared values and objectives of substatntive family law. 2. OBJECTIVES AND VALUES OF (PRIVATE) INTERNATIONAL LAW IN FAMILY LAW / Dieter Martiny : Chap. 1- Introduction; Chap. 2- International family law and internal substantive law; Chap. 3- Demands of internal law; Chap. 4- Societal change and connecting factors; Chap. 5- General part of private international law and international family law; Chap. 6- International cooperation in the Community; Chap. 7- Conclusion. 3. EU FAMILY LAW: HUMAN RIGTHS PERSPECTIVE / Helen Stalford - Chap. 1- The realtionship between human rigths and family law; Chap. 2- the role of human rigths in developing EU family law; Chap. 3- Human rigths and the New Brussels II Regulation; Chap. 4- EU enforcement of human rigths under the Brussels II-regulation; Chap. 5- Conclusion. 4. INSTITUTIONAL FRAMEWORK: ADEQUATE INSTRUMENTS AND EXTERNAL DIMENSON / Alegría Borraás - Introduction; Chap. 1- The Community action; Chap. 2- External competence of the European with regard to international family law; Chap. 3- Final considerations. 5. CONTRAINTS OF INTERNAL MARKET LAW ON FAMILY LAW / Marc Fallon - Introduction; Chap. 1- Evolution of contraints of internal market law; Chap. 2- Incidence of internal market law on family law; Chap. 3- Conclusion. 6. NON-ECONOMIC FREE MOVEMENT OF EUROPEAN UNION CITIZENS AND FAMILY LAW / Gert Straetmans - Chap. 1- General introduction; Chap. 2- Non-economic movement in the EC in case law of Court of Justice; Chap. 3- Non-economic free movement and family issues: the internal market and its boundaries. 7. SYSTEM SHOPPING IN EUROPEAN PRIVATE LAW IN FAMILY MATTERS / Johan Meeusen - Chap. 1- Introduction; Chap. 2- From Van Binsbergen, over Centros, to Emsland-Stärke: a single and coherent approach to system shopping and abuse of Community law? Chap. 3- Akrich and Chen: system shopping and the use of family status as a tool immigration purposes; Chap. 4- The ECJ's approach to system shopping and abuse: a fair balance between the private, Community and Member State interests involved? Chap. 5- Family law, system shopping and intra-Community mobility - the Brussels IIbis Regulation adm beyond; Chap. 6- Conclusion and outlook. 8. THE EXCETION OF PUBLIC POLICY IN FAMILY LAW WHITIN THE EUROPEAN LEGAL SYSTEM / Sylvaine Poillot Peruzzeto - Introduction; Chap. 1- The variety of the cases with involvement of the European legal sytem; Chap. 2- Variety of the effects; Conclusions and proposals. 9. THE EC TERATY AND THE USE OF NATIONALITY AND HABITUAL RESIDENCE AS CONNECTING FACTORS IN INTERNATIONAL FAMILY LAW / Michael Bogdan - Chap. 1- Introduction; Chap. 2- The use of nationality as a connecting factor in view of prohibition in EC Law of discrimination based on nationality: the situation before the Amesterdam Treaty; Chap. 3- The use nationality as a connecting factor in view of the prohibition in EC Law of discrimination based on nationality: the situation after the Amesterdam Treaty; Chap. 4- The use of habitual residence as a connecting factor in view of freedom of movement pursuant to EC Law; Chap. 5- Conclusion. 10. BEYOND NATIONALITY AND HABITUAL RESIDENCE: OTHER CONNECTING FACTORS IN EUROPEAN PRIVATE INTERNATIONAL LAW IN FAMILY MATTERS / Marta Pertegás - Chap. 1- Introduction; Chap. 2- The lex fori in European conflict of laws in family matters: a qualified 'yes'? Chap. 3- The place of celebration as connecting factor; Chap. 4- Selecting the forum and governing law in cross-border family disputes; Chap. 5- Conclusion. 11- CHARACTERISATION IN FAMILY MATTERS FOR PURPOSES OF EUROPEAN PRIVATE INTERNATIONAL LAW / Laura Tomasi...[et al.] - Chap. 1- Family law notions used EU/EC acts and instuments; Chap. 2- The interpretation of family law notions by the EC Courts; Chap. 3- Principles of interpretation and characterisation in Ec private international law and family matters. 12. ATYPICAL FAMILIES IN EU (PRIVATE INTERNATIONAL LAW) FAMILY LAW / Frederik Swennen - Chap. 1- Introductory remarks; Chap. 2- Horizontal law; Chap. 3- Vertical family law; Chap. 4- Conclusion. 13. ISLAMIC FAMILY LAW IN THE EUROPEAN UNION / Cristina González Beilfuss - Chap. 1- Introduction; Chap. 2- Is there a Community competence to legislate? Chap. 3- Is a Community action necessary? Chap. 4- How should the Community act? Chap. 5- Concluding remarks. 14. MIGRATIONS AND FAMILY LAW / Jean-Yves carlier, Sylvie Sarolêa - Chap. 1- Inroduction: links between migrations and private international law; Chap. 2- Migrations and human rigths; Chap. 3- Migrations and family law; Conclusion. Short bibliography.