6 research outputs found
Domestic Violence and Parental Child Abduction
This book addresses the issue of mothers who, fleeing from domestic violence, take their children with them and thus become liable for international child abduction. It examines how protection measures can help the abducting mother in this context, with a special focus on the utility of Regulation 606/2013 on mutual recognition of protection measures in civil matters and Directive 2011/99/EU on the European Protection Order, which allow cross-border circulation of protection measures
L’efficacia cross-border degli accordi stragiudiziali in materia familiare tra i regolamenti Bruxelles II-bis e Bruxelles II-ter
This article deals with the recognition and enforcement within the
European judicial area of out-of-court divorce (or separation) agreements resulting
from the two procedures introduced in Italy in 2014 by Decree-Law no. 132 of 12
September 2014, prompting a wider use of alternative dispute resolution techniques,
both in civil and commercial matters and in family matters. After a short
presentation of the new procedures, made available to spouses for divorce (by
mutual consent) or separation or modification of divorce/separation conditions, i.e.
the negoziazione assistita mediante avvocati and a divorce procedure before the
Mayor, as civil register officer, provided by Arts 6 and 12 of d.l. no. 132/2014
respectively, the article examines the difficulties that have emerged in the
application to such agreements of the rules on recognition and enforcement of
foreign judgments contained in Regulation (EC) no. 2201/2003, so called Brussels
IIa. These rules are then compared to the regime on recognition end enforcement
newly introduced by regulation (EU) 2019/1111 (so called Brussels IIb), which, as
of 1Ëš August 2022, will replace Brussels IIa, thus providing for an easier and
unquestionable circulation of out-of-court agreements in family matters, also with
regards to issues concerning children. The article eventually suggests that the new
Regulation set the frame for a special regime of circulation of out-of-court
agreements, which mirrors the one already existing for court decisions and allows
for a judicial control of the Regulation requirements for the circulation of deeds
Codice del diritto internazionale della famiglia
L'opera raccoglie e ordina sistematicamente i regolamenti UE in materia di diritto internazionale privato della famiglia, completandoli con gli atti nazionali e internazionali di pi\uf9 frequente utilizzo e con tutta la giurisprudenza della Corte di giustizia dell'Unione europea