Jurisdiction in cases of divorce, legal separation or marriage annulment
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Jurisdiction in cases of divorce, legal separation or marriage annulment

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Jurisdiction in cases of divorce, legal separation or marriage annulment

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dc.contributor.author Calabrese, Cinzia es
dc.date.accessioned 2021-12-02T11:23:28Z
dc.date.available 2021-12-02T11:23:28Z
dc.date.issued 2021 es
dc.identifier.uri https://hdl.handle.net/10550/80908
dc.description.abstract The subject of coordination is fundamental for the functioning of jurisdictional rules of the Regulation n.2016/1103 on matrimonial property regimes and Regulation n.2016/1104 on the property consequences of registered partnerships. Both Property Regimes Regulations have the purpose of gathering litigation before the courts of one Member State and have the related procedures managed by the courts of the same Member State. Recital 34 of Regulation No. 2016/1103 specifies that matters of matrimonial property regime related to proceedings pending before the court of a member state hearing an application for divorce, legal separation or marriage annulment should be dealt with by the courts of that Member State, ?unless the jurisdiction to rule on the divorce, legal separation or marriage annulment may only be based on specific grounds of jurisdiction. In such cases, the concentration of jurisdiction should not be allowed without the spouses? agreement?. Unfortunately, the purpose of concentrating the proceedings is not always met. The Eu system of private international law in family matters has gradually extended its terms of reference from divorce and legal separation to the financial aspects of family life, at least for the Member States that will take part in the enhanced cooperation. Nonetheless, practically these topics are often addressed in the same action for divorce. Issues such as assigning the matrimonial home, and the definition of the obligation of one spouse to support the other financially are strongly and substantially connected to the ruling on divorce, and to the conditions and reasons that ground that ruling. The need to coordinate between the EU instruments becomes apparent because spouses litigate over the financial consequences of divorce. As a result, it seems reasonable and in the parties? interests to have divorce and the related financial aspects handled by the same court. es
dc.source Calabrese, Cinzia. Jurisdiction in cases of divorce, legal separation or marriage annulment. En: Actualidad jurídica iberoamericana, 15 2021: 52-63 es
dc.subject 2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113548 Jurisdiction in cases of divorce es
dc.subject legal separation or marriage annulment Calabrese es
dc.subject Cinzia The subject of coordination is fundamental for the functioning of jurisdictional rules of the Regulation n.2016/1103 on matrimonial property regimes and Regulation n.2016/1104 on the property consequences of registered partnerships. Both Property Regimes Regulations have the purpose of gathering litigation before the courts of one Member State and have the related procedures managed by the courts of the same Member State. Recital 34 of Regulation No. 2016/1103 specifies that matters of matrimonial property regime related to proceedings pending before the court of a member state hearing an application for divorce es
dc.subject legal separation or marriage annulment should be dealt with by the courts of that Member State es
dc.subject ?unless the jurisdiction to rule on the divorce es
dc.subject legal separation or marriage annulment may only be based on specific grounds of jurisdiction. In such cases es
dc.subject the concentration of jurisdiction should not be allowed without the spouses? agreement?. Unfortunately es
dc.subject the purpose of concentrating the proceedings is not always met. The Eu system of private international law in family matters has gradually extended its terms of reference from divorce and legal separation to the financial aspects of family life es
dc.subject at least for the Member States that will take part in the enhanced cooperation. Nonetheless es
dc.subject practically these topics are often addressed in the same action for divorce. Issues such as assigning the matrimonial home es
dc.subject and the definition of the obligation of one spouse to support the other financially are strongly and substantially connected to the ruling on divorce es
dc.subject and to the conditions and reasons that ground that ruling. The need to coordinate between the EU instruments becomes apparent because spouses litigate over the financial consequences of divorce. As a result es
dc.subject it seems reasonable and in the parties? interests to have divorce and the related financial aspects handled by the same court. Coordination es
dc.subject concentrating proceedings es
dc.subject related procedures es
dc.subject divorce es
dc.subject legal separation or marriage annulment es
dc.subject jurisdiction es
dc.subject international families es
dc.subject agreements. es
dc.subject Coordinación es
dc.subject concentración de procedimientos es
dc.subject procedimientos relacionados es
dc.subject divorcio es
dc.subject separación legal o anulación matrimonial es
dc.subject competencia es
dc.subject familias internacionales es
dc.subject acuerdos 52 63 es
dc.title Jurisdiction in cases of divorce, legal separation or marriage annulment es
dc.type info:eu-repo/semantics/article en
dc.type info:eu-repo/semantics/publishedVersion en
dc.subject.unesco UNESCO::CIENCIAS JURÍDICAS es
dc.identifier.doi es

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