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Lex & Forum, Volume 4/2022 – A special on cross border family law

Conflict of Laws

Family disputes constitute the majority of cases of cross-border nature. Cross-border family disputes are the Focus of the current issue and were examined in an online conference of Lex and Forum (8.12.2022), under the Presidency of the Supreme Court Judge, Ms.

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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. 3) The parties have not (yet) been divorced under Pakistani law or Islamic Sharia.

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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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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

4. Article 7 of Regulation No 4/2009 must be interpreted as meaning that the state of necessity may result from exceptional, very serious or emergency situations such that proceedings cannot reasonably be brought or conducted or would be impossible in a third State with which the dispute is closely connected.

Divorce 40
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CJEU Rules on the interplay between Brussels IIA and Dublin III

Conflict of Laws

The mother was holding a family residency permit, in both Finland and Sweden, through the father’s employment rights. The judgment is not available in English and is the first ever emanating from this Court concerning the Brussels IIA-Dublin III interplay. Since 2016, the couple had lived in Finland for around three years.

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Pilar Jiménez Blanco on Cross-Border Matrimonial Property Regimes

Conflict of Laws

The Regulation (EU) No 2016/1103 is the reference Regulation in matters of cross-border matrimonial property regimes. The first is related to the applicable law, including the legal matrimonial regime and the matrimonial property agreement and the scope of the applicable law. The book is divided in two parts.

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