As the future UK’s withdrawal from the EU will bear an unprecedented impact on the system of cross-border family disputes within the European area, this paper chooses to focus on some critical issues emerged from the Italian case law on Brussels IIa Regulation by analysing selected decisions rendered in cases between Italy and the UK. In this regard, the relevant provisions of the Regulation on both matrimonial matters and parental responsibility are dealt with. In addition, some final considerations on the Brussels IIa Recast proposal are provided in order to assess its prospective practical application.
The application of the Brussels IIa Regulation in the Italian legal order having regard to specific cases concerning Italy and the UK, in University of Aberdeen Centre for Private International Law Working Paper Series, 2017, n. 4
BARUFFI, Maria Caterina
2017-01-01
Abstract
As the future UK’s withdrawal from the EU will bear an unprecedented impact on the system of cross-border family disputes within the European area, this paper chooses to focus on some critical issues emerged from the Italian case law on Brussels IIa Regulation by analysing selected decisions rendered in cases between Italy and the UK. In this regard, the relevant provisions of the Regulation on both matrimonial matters and parental responsibility are dealt with. In addition, some final considerations on the Brussels IIa Recast proposal are provided in order to assess its prospective practical application.
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