Public policy in families and successions regulations : the case of ?talaq?

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2021
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Abstract
According to EU Regulations on transnational families and successions, a foreign rule remains without effect if it is deemed contrary to the so-called public policy (ordre public) of the forum?s legal system. As a consequence, judges have to evaluate whether the application of foreign law is incompatible with fundamental principles of the domestic law, especially whether it would constitute a violation against human rights. An outstanding controversial issue is today represented by Islamic repudiation (talaq): two contrasting Italian judicial decisions of August 2020 may illustrate how difficult it could be to determine what public policy is.
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2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113559 Public policy in families and successions regulations the case of ?talaq? Rizzuti
Marco According to EU Regulations on transnational families and successions
a foreign rule remains without effect if it is deemed contrary to the so-called public policy (ordre public) of the forum?s legal system. As a consequence
judges have to evaluate whether the application of foreign law is incompatible with fundamental principles of the domestic law
especially whether it would constitute a violation against human rights. An outstanding controversial issue is today represented by Islamic repudiation (talaq): two contrasting Italian judicial decisions of August 2020 may illustrate how difficult it could be to determine what public policy is. Public policy
migration
human rights
talaq.
Orden público
migración
derechos humanos
talaq. 221 241
Bibliographic reference
Rizzuti, Marco. Public policy in families and successions regulations : the case of ?talaq?. En: Actualidad jurídica iberoamericana, 15 2021: 221-241