Abstract
[Autom. eng. transl.] This is the introduction to an article-by-article commentary of Regulation (EU) No. 1259/2010 on the law applicable to divorce and personal separation. Summary: 1. The reg. EU no. 1259/2010 in the framework of judicial cooperation in civil matters in Europe. - 2. The three lines along which the political and doctrinal confrontation underpinning the new discipline developed: the opportunity to complete, on the side of conflicts of laws, the work started by reg. «Brussels II bis» in terms of jurisdiction and the effectiveness of decisions. - 3. It follows: the need to recompose, within a framework of uniform rules, the markedly heterogeneous solutions accepted by the various Member States as regards the conflicts of laws relating to personal separation and divorce. - 4. It follows: the need to link openness to foreign legal values with an effective safeguard of material values, of the Member States and of the Union as a whole, in matrimonial matters. - 5. The reg. EU no. 1259/2010 as an instrument of differentiated integration: the dynamics of judicial cooperation in civil matters, between centrifugal forces and consolidation.
Translated title of the contribution | [Autom. eng. transl.] Introductory notes - I |
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Original language | Italian |
Pages (from-to) | 1435-1441 |
Number of pages | 7 |
Journal | LE NUOVE LEGGI CIVILI COMMENTATE |
Volume | 34 |
Publication status | Published - 2011 |
Keywords
- Diritto internazionale privato
- Divorce
- Divorzio
- Private international law