Search result: 10 articles

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Year 2015 x

Petra Bárd
Researcher at and Head of the Criminal Law Division, National Institute of Criminology, Hungary (NIC), Lecturer, Central European University, Budapest and Assistant Professor, ELTE School of Law, Budapest.

Andrea Borbíró
Assistant Professor, ELTE School of Law, Budapest.

Ágnes Váradi
PhD, research fellow, Hungarian Academy of Sciences, Centre for Social Sciences Institute for Legal Studies.
Article

Identifying the Impetus behind the Europeanization of the Private International Law Rules on Family Matters and Succession

Journal European Journal of Law Reform, Issue 2 2015
Keywords area of freedom security and justice, EU citizenship, free movement of persons, international family matters, international succession
Authors Jacqueline Gray PhD
AbstractAuthor's information

    The EU is currently in the midst of unifying the private international law rules on family matters and succession. This article seeks to explain this expansion into essentially non-economic territory. In order to do so, it presents the ideological, problem-based, and legal considerations that appear to lie at the heart of legislative action in these fields. However, as will become apparent, it is the role of the Member States that is crucial in guiding this process.


Jacqueline Gray PhD
PhD Candidate, Utrecht Centre for European Research into Family Law, Utrecht University.
Article

To Recognize or Not to Recognize? That Is the Question!

Motherhood in Cross-Border Surrogacy Cases

Journal European Journal of Law Reform, Issue 2 2015
Keywords cross-border surrogacy, motherhood, private international law, ordre public, European Human Right Convention
Authors Stefanie Sucker PhD
AbstractAuthor's information

    This article describes the status quo in cross-border surrogacy cases, more specifically how national courts deal with the recognition of parenthood validly established abroad. As the recognition of motherhood is deemed to violate the national ordre public, the solutions so far, i.e. recognition of fatherhood and adoption, will be examined. Moreover, the arguments for an alleged ordre public-violation concerning motherhood will be presented. Finally, the question whether the European Human Right Convention has an impact on the interpretation of the best interest of the child will be answered.


Stefanie Sucker PhD
The author is currently writing a (German) PhD on the topic of cross-border surrogacy. She analyses private international and procedural law questions of German, Dutch, French and Austrian law. Thus, reference as examples will be made to these legal systems.
Article

Article 15 Brussels II-bis

Two Views from Different Sides of the Channel

Journal European Journal of Law Reform, Issue 2 2015
Keywords international jurisdiction, transfer of proceedings, international parental responsibility
Authors Ian Curry-Sumner and Maria Wright
AbstractAuthor's information

    Article 15 Brussels II-bis provides for the transfer of jurisdiction from one Member State to another. This contribution examines the conditions and practice surrounding the application of Article 15 Brussels II-bis from two jurisdictions, namely the Netherlands, and England and Wales. From this comparison it is clear that there are evident divergent viewpoints as to the approach to be taken with Article 15 Brussels II-bis. This article is, therefore, aimed at bringing those differences in approach to the forefront so as to assist the European legislature in the ongoing evaluation of the Brussels II-bis Regulation.


Ian Curry-Sumner
Ian Curry-Sumner is the owner of Voorts Legal Services (a legal consultancy firm specialized in training and advice in the field of international family law based in Dordrecht, the Netherlands).

Maria Wright
Maria Wright is a family law solicitor based at Freemans Solicitors in London, United Kingdom.

Gearge Anthony Long
Fountain Hills, AZ United States
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