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 1˚ 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

Private international law in de context of increasing international mobility : challenges ans potential

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