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International Divorce and Financial Claims

International Divorce and Financial Claims : The Common Law Clash with Civil Law. 国際離婚と金銭上の請求 -コモンローと大陸法との衝突-

・ISBN 978-1-78068-420-8 hard

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著者・編者Harper, Mark / Dutta, Anatol / Scherpe, Jens M.,
出版社(Intersentia, BE)
出版年月2018
ページ数430 pp.
言語ENG
ニュース番号<638-1377 638-1559>

解説

In the increasingly international world of family law, this book addresses what happens when multiple jurisdictions come into play in a case, and how that conflict is resolved. Much like a Venn diagram, this book will illustrate, whilst wearing family law-tinted glasses, essential common law and civil law principles, when and how they collide and the often highly complex consequences. With country-specific analysis for nine of the main European jurisdictions, this book is of key practical importance for any lawyer with a cross-border practice and is a must read for any international practitioner. Part I will introduce civil and common law generally, and look at the EU regulations that bind the two together. It will also look at non-EU Conventions that may come into play, as well as taking a look at the unique common law approach to conflict of laws and when laws of other jurisdictions might find their way into a case. Part II presents and contrasts the relevant approaches to marital agreements, divorce, matrimonial property and maintenance. This gives essential insight for practitioners with international clients with a never-ending list of queries. Expert analysis of the law is presented by Mark Harper, Anatol Dutta and Jens Scherpe, each at the forefront of their jurisdictions with a broad international practice and vast experience of cross-border issues. This experience has exposed a need for clear and transparent guidance through the muddy waters of international divorce and financial claims.