Within the EU there has been a unification of private international law rules, achieved mostly through regulations. The EU has already enacted several regulations in the field of family law that purport to unify the rules on jurisdiction, conflict of laws, and recognition and enforcement of judgments. This unification, however, remains incomplete. On the one hand, it is substantially incomplete in the sense that not all the matters in family law are covered in the same regulation, thus resulting in material fragmentation. On the other hand, there is a fragmentation on the application of European law as well, since Rome III Regulation regarding the law applicable to divorce and legal separation and the Matrimonial Property Regimes Regulation enact an enhanced cooperation. As far as no community private international law instrument exists, Member States will apply their own national rules on jurisdiction and applicable law.

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Añoveros Terradas, Beatriz

European family law: A brief overview

Within the EU there has been a unification of private international law rules, achieved mostly through regulations. The EU has already enacted several regulations in the field of family law that purport to unify the rules on jurisdiction, conflict of laws, and recognition and enforcement of judgments. This unification, however, remains incomplete. On the one hand, it is substantially incomplete in the sense that not all the matters in family law are covered in the same regulation, thus resulting in material fragmentation. On the other hand, there is a fragmentation on the application of European law as well, since Rome III Regulation regarding the law applicable to divorce and legal separation and the Matrimonial Property Regimes Regulation enact an enhanced cooperation. As far as no community private international law instrument exists, Member States will apply their own national rules on jurisdiction and applicable law.
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European family law: A brief overview
Añoveros Terradas, Beatriz
Meeting (2016). Center for Transnational Legal Studies
Londres (United Kingdom), 02/12/2015 - 03/12/2015

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