Open Daily: 10am - 10pm | Alley door pickup 10am - 7pm 3038 Hennepin Ave Minneapolis, MN
612-822-4611

  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
Recueil Des Cours, Collected Courses, Tome/Volume 320 (2006)

Recueil Des Cours, Collected Courses, Tome/Volume 320 (2006)

Académie de Droit International de la Ha

Hardcover

Series: Collected Courses of the Hague Academy of International Law, Book 320

General Law

Currently unavailable to order

ISBN10: 9004153799
ISBN13: 9789004153790
Publisher: Brill Nijhoff
Published: Oct 9 2007
Pages: 400
Weight: 1.58
Height: 1.40 Width: 6.37 Depth: 9.43
Language: French
Modern societies see a growing number of examples of couples living together without marital vows or other formality. Domestic law is slowly addressing these situations in the many fields that are potentially affected, including property, children's rights, inheritance, government and private retirement benefits, etc. As couples in such relationships move from one jurisdiction to another or have assets of multiple jurisdictions and as terminations of these relationships inevitably take place, lawyers and courts will inevitably face issues concerning the law applicable to their relationship and to its consequences. This volume addresses some of the issues that are arising from cohabitation without marriage and attempt to identify some of the possible solutions taking account, among other factors, of existing law, public policy and societal norms. Among these issues, the following will be addressed:
should conflict of law rules be used to address these conflicts or any other private international law method (loi de police, material rules)?
should the question of a non-married-couple's status be distinguished or assessed as an incidental question (question prealable), before dealing with the law applicable to the effects of such relationship?
should they be given a full status by one single applicable law, or should they receive merely a bundle of rights depending on a multiplicity of applicable law governing each one? (A single conflict of laws rule or several?)
which connecting factor (common nationality, last habitual residence, place of registration?) could best apply to the formation of their situation, to its dissolution and to its effects between themselves (extrapatrimonial rights, alimony, succession, property rights, constructive trusts) or towards third parties (children, contractual parties)?
which types of situations should be governed by such connecting factors: 'simple' cohabitation, union civile, pacte de solidarite, registered partnerships, etc? (Questions relating to the domain of the applicable law or to the qualification process).
The volume is published in French.

To access the abstract texts for this volume please clickhere.

20 different editions

Also available

Also in

General Law

View All