Often, it is mixed reasons that push people on the migratory route or exile such as school, problems... some leave for economic reasons in search of the best socioeconomic prospects and try to work abroad and sometimes these migrants do not only move for themselves but also for their family or friends for others, migration is done only by desire to discover the world and experience the cultural way of life of other countries or sometimes, for professional training that requires them to settle in a foreign country, whether a member of the European Union or not. Thus, these people are at times called to face conflict situations which are sometimes brought before the European international court. These problems may be of a civil, public or commercial nature. For this reason, when the international judge is seized under penalty of denial of justice, he has the obligation to rule and to do so he needs the international investigations, which are essential in the framework of the European Union and much more, difficult situations arise every time we are in the exceptional situations where the judge is or the judge is in the presence of the nationals of the member states of the European Union and the non-members of the European Union. The case which will be the focus of my research is the case of international divorce. So, which of the jurisdictions will be competent or which law will be applicable in the case of divorce between a national of a member state of the European Union and a non-national of the European Union? Is there a regulation which regulates the problem of divorce between a Member State of the European Union and a non-Member State of the European Union? How does the international judge proceed to decide such a divorce case? To better clarify this topic , my research will base on the presentation of the problem of divorce in international law (conflict of laws and jurisdictions) (PART I) and the institutional complexity of ruling on divorce between EU member states and non-EU states : UNITED KINGDOM (PART II).
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THESIS DESCRIPTION:
Often, it is mixed reasons that push people on the migratory route or exile such as school, problems... some leave for economic reasons in search of the best socioeconomic prospects and try to work abroad and sometimes these migrants do not only move for themselves but also for their family or friends for others, migration is done only by desire to discover the world and experience the cultural way of life of other countries or sometimes, for professional training that requires them to settle in a foreign country, whether a member of the European Union or not. Thus, these people are at times called to face conflict situations which are sometimes brought before the European international court. These problems may be of a civil, public or commercial nature. For this reason, when the international judge is seized under penalty of denial of justice, he has the obligation to rule and to do so he needs the international investigations, which are essential in the framework of the European Union and much more, difficult situations arise every time we are in the exceptional situations where the judge is or the judge is in the presence of the nationals of the member states of the European Union and the non-members of the European Union. The case which will be the focus of my research is the case of international divorce. So, which of the jurisdictions will be competent or which law will be applicable in the case of divorce between a national of a member state of the European Union and a non-national of the European Union? Is there a regulation which regulates the problem of divorce between a Member State of the European Union and a non-Member State of the European Union? How does the international judge proceed to decide such a divorce case? To better clarify this topic , my research will base on the presentation of the problem of divorce in international law (conflict of laws and jurisdictions) (PART I) and the institutional complexity of ruling on divorce between EU member states and non-EU states : UNITED KINGDOM (PART II).
Seznam doporučené literatury
SOURCES
Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No. 1347/2000.
M.T.Meulders-Klein the problem of divorce in western European legislations .N. : international journal of comparative law.vol.41 N-1, January-Mars 1989.pp.758; DOI: https doi. Org// 0.3404/ridc. 1989.1670
Arret N-1185 du 15 November 2017 (15-16-265) court of cassation - first civil chamber -ECLI : FRCCASS: 2017 .
H.D international divorce or the complexity of union law 6 December 2017; CJUE 29 NOV.2007.
Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation.
Ulrich Magnus and Peter Mankowski, Brussels II bis – Commentary, Verlag Dr. Otto Schmidt | 2017 DOI: https://doi.org/10.9785/9783504385606.
Seznam doporučené literatury
SOURCES
Council Regulation (EC) No. 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No. 1347/2000.
M.T.Meulders-Klein the problem of divorce in western European legislations .N. : international journal of comparative law.vol.41 N-1, January-Mars 1989.pp.758; DOI: https doi. Org// 0.3404/ridc. 1989.1670
Arret N-1185 du 15 November 2017 (15-16-265) court of cassation - first civil chamber -ECLI : FRCCASS: 2017 .
H.D international divorce or the complexity of union law 6 December 2017; CJUE 29 NOV.2007.
Council Regulation (EU) No 1259/2010 of 20 December 2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation.
Ulrich Magnus and Peter Mankowski, Brussels II bis – Commentary, Verlag Dr. Otto Schmidt | 2017 DOI: https://doi.org/10.9785/9783504385606.