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xiii | |
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List of Commentaries and Monographs |
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xvii | |
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COMMENTARY REGULATION (EC) 2201/2003 BRUSSELS IIA |
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Commentary Regulation (EC) 2201/2003 Brussels IIa |
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1 | (4) |
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5 | (8) |
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Chapter I Scope and Definitions |
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13 | (18) |
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13 | (12) |
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25 | (6) |
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31 | (128) |
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Section 1 Divorce, legal separation and marriage annulment |
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31 | (43) |
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Article 3 General jurisdiction |
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31 | (28) |
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59 | (2) |
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Article 5 Conversion of legal separation into divorce |
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61 | (3) |
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Article 6 Exclusive nature of jurisdiction under Articles 3, 4 and 5 |
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64 | (7) |
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Article 7 Residual jurisdiction |
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71 | (3) |
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Section 2 Parental responsibility |
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74 | (1) |
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74 | (48) |
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Article 8 General jurisdiction |
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77 | (11) |
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Article 9 Continuing jurisdiction of the child's former habitual residence |
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88 | (2) |
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Article 10 Jurisdiction in cases of child abduction |
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90 | (5) |
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Article 11 Return of the child |
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95 | (6) |
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Article 12 Prorogation of jurisdiction |
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101 | (11) |
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Article 13 Jurisdiction based on the child's presence |
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112 | (1) |
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Article 14 Residual jurisdiction |
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113 | (1) |
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Article 15 Transfer to a court better placed to hear the case |
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114 | (8) |
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Section 3 Common provisions |
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122 | (1) |
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Preliminary note to Articles 16-20 |
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122 | (37) |
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Article 16 Seising of a Court |
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122 | (3) |
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Article 17 Examination as to jurisdiction |
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125 | (2) |
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Article 18 Examination as to admissibility |
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127 | (2) |
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Article 19 Lis pendens and dependent actions |
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129 | (15) |
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Article 20 Provisional, including protective, measures |
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144 | (15) |
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Chapter III Recognition and Enforcement |
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159 | (88) |
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159 | (27) |
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Article 21 Recognition of a judgment |
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159 | (9) |
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Article 22 Grounds of non-recognition for judgments relating to divorce, legal separation or marriage annulment |
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168 | (5) |
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Article 23 Grounds of non-recognition for judgments relating to parental responsibility |
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173 | (7) |
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Article 24 Prohibition of review of jurisdiction of the court of origin |
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180 | (1) |
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Article 25 Differences in applicable law |
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181 | (2) |
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Article 26 Non-review as to substance |
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183 | (1) |
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Article 27 Stay of proceedings |
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184 | (2) |
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Section 2 Application for a declaration of enforceability |
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186 | (17) |
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Article 28 Enforceable judgments |
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186 | (5) |
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Article 29 Jurisdiction of local courts |
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191 | (1) |
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192 | (2) |
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Article 31 Decision of the court |
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194 | (2) |
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Article 32 Notice of the decision |
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196 | (1) |
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Article 33 Appeal against the decision |
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196 | (3) |
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Article 34 Courts of appeal and means of contest |
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199 | (1) |
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Article 35 Stay of proceedings |
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200 | (2) |
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Article 36 Partial enforcement |
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202 | (1) |
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Section 3 Provisions common to Sections 1 and 2 |
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203 | (5) |
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203 | (2) |
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Article 38 Absence of documents |
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205 | (2) |
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Article 39 Certificate concerning judgments in matrimonial matters and certificate concerning judgments on parental responsibility |
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207 | (1) |
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Section 4 Enforceability of certain judgments concerning rights of access and of certain judgments which require the return of the child |
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208 | (24) |
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208 | (6) |
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Article 41 Rights of access |
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214 | (6) |
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Article 42 Judgments ordering the return of a child |
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220 | (6) |
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Article 43 Rectification of the certificate |
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226 | (3) |
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Article 44 Effects of the certificate |
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229 | (1) |
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230 | (2) |
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Section 5 Authentic instruments and agreements |
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232 | (4) |
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232 | (4) |
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Section 6 Other provisions |
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236 | (11) |
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Article 47 Enforcement procedure |
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236 | (2) |
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Article 48 Practical arrangements for the exercise of rights of access |
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238 | (2) |
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240 | (2) |
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242 | (2) |
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Article 51 Security, bond or deposit |
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244 | (1) |
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Article 52 Legalisation or other similar formality |
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245 | (2) |
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Chapter IV Cooperation between central authorities in matters of parental responsibility |
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247 | (12) |
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247 | (2) |
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Article 54 General functions |
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249 | (1) |
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Article 55 Cooperation in cases specific to parental responsibility |
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250 | (4) |
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Article 56 Placement of a child in another Member State |
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254 | (2) |
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Article 57 Working method |
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256 | (1) |
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257 | (2) |
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Chapter V Relations with other instruments |
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259 | (16) |
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Article 59 Relation with other instruments |
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259 | (5) |
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Article 60 Relations with certain multilateral conventions |
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264 | (3) |
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Article 61 Relation with the Hague Convention of 19 October 1996 on Jurisdiction, Applicable law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children |
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267 | (3) |
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Article 62 Scope of effects |
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270 | (1) |
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Article 63 Treaties with the Holy See |
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271 | (4) |
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Chapter VI Transitional provisions |
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275 | (10) |
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275 | (10) |
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Chapter VII Final provisions |
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285 | (12) |
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285 | (1) |
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Article 66 Member States with two or more legal systems |
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286 | (2) |
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Article 67 Information on central authorities and languages accepted |
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288 | (1) |
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Article 68 Information relating to courts and redress procedures |
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289 | (1) |
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Article 69 Amendments to the Annexes |
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290 | (1) |
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291 | (1) |
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Article 71 Repeal of Regulation (EC) No 1347/2000 |
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292 | (2) |
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Article 72 Entry into force |
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294 | (3) |
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COMMENTARY REGULATION (EC) 1259/2010 ROME III |
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Commentary Regulation (EC) 1259/2010 Rome III |
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297 | (6) |
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303 | (10) |
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Chapter I Scope, Relation with Regulation (EC) No 2201/2003, Definitions and Universal Application |
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313 | (12) |
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313 | (7) |
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Article 2 Relation with Regulation (EC) No 2201/2003 |
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320 | (1) |
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321 | (1) |
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Article 4 Universal application |
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322 | (3) |
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Chapter II Uniform Rules on the Law Applicable To Divorce and Legal Separation |
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325 | (58) |
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Article 5 Choice of applicable law by the parties |
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325 | (17) |
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Article 6 Consent and material validity |
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342 | (3) |
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Article 7 Formal validity |
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345 | (3) |
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Article 8 Applicable law in the absence of a choice by the parties |
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348 | (8) |
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Article 9 Conversion of legal separation into divorce |
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356 | (3) |
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Article 10 Application of the law of the forum |
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359 | (4) |
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Article 11 Exclusion of renvoi |
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363 | (3) |
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366 | (8) |
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Article 13 Differences in national law |
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374 | (4) |
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Article 14 States with two or more legal systems - territorial conflicts of laws |
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378 | (2) |
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Article 15 States with two or more legal systems - inter-personal conflicts of laws |
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380 | (2) |
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Article 16 Non-application of this Regulation to internal conflicts of laws |
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382 | (1) |
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Chapter III Other provisions |
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383 | (6) |
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Article 17 Information to be provided by participating Member States |
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383 | (1) |
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Article 18 Transitional provisions |
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384 | (2) |
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Article 19 Relationship with existing international conventions |
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386 | (2) |
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388 | (1) |
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Chapter IV Final Provisions |
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389 | (2) |
| Appendix: Convention of 19 October 1996 - protection of children |
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391 | (16) |
| Index |
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