Cross-Border Divorce Law: Brussels II Bis (Oxford Private International Law)

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9780199581191: Cross-Border Divorce Law: Brussels II Bis (Oxford Private International Law)

This book examines the divorce aspects of the Brussels II bis 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 analyzed, and particular attention is given to its possible application to civil partnerships and same-sex marriages. The book also analyzes the Regulation's impact on ancillary relief matters and its interaction with related measures of EU and national law in that context.

The new recognition procedures are considered in detail, as are the defenses 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 EU courts, and particular attention is given to the likely impact of the cases decided under the 1968 Brussels Convention and under Regulation 44/2001 (including the Owusu case).

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About the Author:


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 on the impact of Brussels IIbis Regulation (2201/2003) on matrimonial jurisdiction and recognition. She is qualified as a barrister (King's Inns, Dublin). She is also a graduate of University College, Dublin, Universitat Hannover and the University of Oxford.

Review:


"An outstanding analysis, well written and superbly documented - definitively a must have for all family law practitioners...Ms Shuilleabhain's masterly description of the European law of cross-border divorce, covers comprehensively all questions practitioners in the field could have. Her account of the law will prove to be a standard work for everyone with an interest, either academic or otherwise, in cross-border divorce matters"
--Patrick Wautelet, University of Liege


"A most welcome contribution to the quickly developing union law on cross-border family issues...This book can be highly recommended to all professionals, in particular judges, practitioners and academics, dealing with cross-border divorces within the EU. It should also be a self-evident consultation material in the forth-coming evaluation and revision of the Brussels II bis Regulation, planned to take place in 2012."
--Maarit Jantera-Jareborg, Uppsala University Sweden


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Ni Shuilleabhain, Maire
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