(EU) Council Regulation no. 1259/2010
and the agreement upon the law applicable
to divorce and legal separation
(EU) Council Regulation no. 1259/2010
and the agreement upon the law applicable
to divorce and legal separation
Author(s): Maria Carolina NiţăSubject(s): International Law
Published by: Editura Hamangiu S.R.L.
Keywords: divorce; legal separation; applicable law; free will of the parties; choice of applicable law agreement; validity and formal issues of the agreement related to the choice of the applicable law;
Summary/Abstract: The (EU) Council Regulation no. 1259/2010 of 20 December 2010 [1] establishes a necessary legal framework for regulating the law applicable to divorce and legal separation in the Member States participating in this enhanced form of cooperation. The normative act offers the spouses the freedom to choose the law applicable to divorce and legal separation, from the laws expressly provided by the regulation. In the absence of spouses expressed will, the Regulation establishes a series of connecting factors in a hierarchical subsidiarity relation, in order to designate as the law applicable to divorce or legal separation, the law closest to marriage. The adoption of the Regulation is an important step in harmonizing the conflict-of-laws rules of the European law in the field of family relations and aims to establish a clear and comprehensive legal framework applicable to divorce and legal separation in the participating Member States.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: V/2017
- Issue No: V
- Page Range: 170-179
- Page Count: 10
- Language: English
