Rome III – choice of law in divorce: is the Europeanization of family law going too far?

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    Abstract

    Evaluates the proposal to create a harmonised set of choice of law rules in matrimonial assets in the Draft Regulation amending Regulation 2201/2003 (draft Rome III Regulation), including whether: (1) it exceeds the competence of the EC; (2) it is consistent with the principles of subsidiarity and proportionality; (3) harmonisation of the choice of law rules in divorce is necessary; (4) its premises are clear; (5) its scope is appropriate; and (6) it is likely to lead to harmonised practice with regard to international divorce. Assesses the consequences of the UK's decision not to adopt the draft Regulation.
    Original languageEnglish
    Pages (from-to)178-205
    Number of pages28
    JournalInternational Journal of Law, Policy and the Family
    Volume22
    Issue number2
    DOIs
    Publication statusPublished - Aug 2008

    Keywords

    • Family law
    • European Union law
    • Conflict of laws
    • Choice of law
    • Divorce
    • Legislative competence

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