EUROPEAN CHOICE OF LAW RULES IN DIVORCE (ROME III): AN EXAMINATION OF THE POSSIBLE CONNECTING FACTORS IN DIVORCE MATTERS AGAINST THE BACKGROUND OF PRIVATE INTERNATIONAL LAW DEVELOPMENTS
Author: GAERTNER, VERONIKA
Source: Journal of Private International Law, Volume 2, Number 1, April 2006 , pp. 99-136(38)
Publisher: Hart Publishing
Abstract:The article examines the current connecting factors regarding divorce - nationality and lex fori - in view of the planned Rome III Regulation on applicable law and jurisdiction in divorce matters and asks whether the favoured connecting factor of habitual residence represents a desirable alternative. This analysis is imbedded in the discussion of three general challenges choice of law rules in Europe have to face today – the principle of mutual recognition, harmonisation, and the trend towards jurisdiction. By means of an examination of the different connecting factors – that reflect these developments - the significance of choice of law rules, especially in view of the protection of cultural identity, is shown. It is argued that choice of law rules in Europe fulfil still – despite the topical challenges – an important function in ensuring the application of the “appropriate law”, which is - with regard to divorce – the personal law. This demands the application of nationality and domicile as connecting factors in a prospective Rome III Regulation.
Keywords: Connecting factors; Rome III; cultural identity; em>lex fori; habitual residence; harmonisation; mutual recognition; nationality; private international law challenges; trend towards jurisdiction
Document Type: Research Article
Publication date: April 1, 2006
- Hart Publishing launched the Journal of Private International Law (J. Priv. Int. L.) in spring 2005. The journal covers all aspects of private international law, reflecting the role of the European Union and the Hague Conference on Private International Law in the making of private international law, in addition to the traditional role of domestic legal orders.
- Editorial Board
- Information for Authors
- Subscribe to this Title
- Information for Advertisers
- Sample Paper
- Email Alerts (Hart books and journals)
- ingentaconnect is not responsible for the content or availability of external websites