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Kenya Supreme Court rules against automatic equal division of wealth upon divorce

JURIST

The Kenyan Supreme Court ruled Friday that married couples are not automatically entitled to equal shares of matrimonial property in case of divorce. The units are in Tassia and Nairobi, some of which are on the land of their matrimonial home. This is compulsory at the distribution of matrimonial property.

Divorce 193
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German Federal Supreme Court refers questions to the CJEU relating to the concept of “habitual residence” under Art. 8 (a), (b) of the Rome III Regulation

Conflict of Laws

Does the establishment of habitual residence require a certain degree of social and family integration in the state concerned? Implications In the ideal case, the expected decision of the ECJ will provide for legal certainty for families and people employed in the diplomatic service and similar professions. a) and lit.

Divorce 113
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International Jurisdiction between Nationality and Domicile in Tunisian Private International Law – Has the Perennial Debate Finally been Resolved?

Conflict of Laws

221 ff)), the debate between opponents and proponents of nationality as a ground for international jurisdiction, especially in family law matters, has never ceased to be intense (for detailed analyses, see eg. Lotfi Chedly for providing me with the text of the decision on which this post is based. de Winter, “Nationality or Domicile?

Laws 67
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Dubai Supreme Court Admits Reciprocity with the UK and Enforces an English Judgment

Conflict of Laws

In that judgment, the English court ordered the division and transfer of property as part of the distribution of matrimonial property on divorce. 3) The parties have not (yet) been divorced under Pakistani law or Islamic Sharia. The facts: As mentioned above, this case concerns the enforcement of an English judgment.

Court 76
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Opinion of Advocate General Szpunar of 24 February 2022, Case C-501/20 – M P A v L C D N M T, on the concept of ‘habitual residence’ for Regulation (EC) No 2201/2003, Regulation (EC) No 4/2009, and the impact of Article 47 of the EU Charta on Fundamental Rights

Conflict of Laws

Opening by a quote from the General Course of 1986 by Paul Lagarde for the Hague Academy of International Law „ ‘The principle of proximity … is nearest to life and is a title of nobility.

Divorce 40
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CJEU on the EU-third State child abduction proceedings under article 10 of the Brussels IIA Regulation

Conflict of Laws

The decision of the High Court of England and Wales (Family Division, 6 November 2020, EWHC 2971 (Fam)), received at the CJEU on 16 November 2020 for an urgent preliminary ruling (pursuant to article 19(3)(b) of the Treaty of the European Union, art. 267 of the Treaty of the Functioning of the European Union, and art.

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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 5/2023: Abstracts

Conflict of Laws

According to a widespread view, adaption is very often necessary with regard to the spouse’s share in the deceased’s estate, namely if the matrimonial property regime and questions relating to succession are governed by different laws. Nevertheless, it suggests some fundamental changes, apart from technical amendments.