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Status and Family Relationships in European Private International Law [Kõva köide]

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This timely book examines the personal and family status of the natural person in cross-border situations, within the framework of the fundamental rights. Featuring eminent scholars in private international law and internationally known European judges and practitioners, the book includes critical analysis of key topics and case studies.


Authors adopt both a theoretical and practical perspective to assess the emerging challenges facing transnational families, from evaluating human rights in cross-border family situations to detailing different kinds of status and their related challenges. They address topics including the recognition of rainbow families and gender identity, the parent–child relationship and cross-border recognition of international and foreign adoptions. Presenting an in-depth analysis of ongoing issues and developments, this book strengthens understanding and research of cross-border family status in Europe.


Status and Family Relationships in European Private International Law is a crucial resource for legal scholars and students specialising in private international law, family law and comparative law. The book is also an essential tool for practitioners working in sensitive cross-border situations.



This timely book examines the personal and family status of the natural person in cross-border situations, within the framework of the fundamental rights. Featuring eminent scholars in private international law and internationally known European judges and practitioners, the book includes critical analysis of key topics and case studies.

Arvustused

Status and Family Relationships in European Private International Law is a must-read for scholars, practitioners, and policymakers navigating Europes complex cross-border family law. Insightful and timely, it combines expert analysis with practical guidance on real cases and ongoing challenges in an accessible, engaging style. -- Andrea Bonomi, University of Lausanne, Switzerland Status and Family Relationships in European Private International Law is an interesting and thought-provoking book, addressing cutting edge issues facing real families crossing borders. It focuses on diverse sources - including the European Court of Human Rights, CJEU and Hague Conference - to address the complexities of coordinating and maneuvering through multiple systems. The book will be invaluable to European and non-European academics and practitioners. -- Louise Ellen Teitz, Roger Williams University School of Law, USA An essential scholarly contribution to European private international law, this volume maps current debates, exposes regulatory gaps, and proposes forward-looking solutions. Rooted in practical training, it transforms practice into theory and returns it to practice, illuminating the multidimensional interaction between human rights, EU law and national legal orders. -- Boriana Musseva, Sofia University St. Kliment Ohridski, Bulgaria Through EU, private international and human rights law, this book displays the rights persons and families hold through various life stages: from surrogacy, birth, adoption, sex assignment and change, parental care for children, to marriage, divorce and the autonomy and protection of adults. The book addresses academics, legislators, policy makers and judges, who are all actors in these life stages. -- Thalia Kruger, University of Antwerp, Belgium

Contents
Introduction to status and family relationships in European private
international law 1
Silvia Marino, Anna Wysocka-Bar, and
Javier Carrascosa González
1 European private international law: alongside the citizen, from cradle to
grave? 9
Camelia Toader and Ioan-Luca Vlad
2 Fundamental rights in Europe: an introduction to ECHR and CFREU 31
Paula Poretti
3 Right to respect for private and family life in ECtHRs case law 46
Satu Heikkilä
4 Reassignment of sex assigned at birth and private international law 64
Anna Wysocka-Bar
5 The Hague Adults Convention: at the cross-roads of the right to be
protected and having ones individual autonomy respected 86
Katja Karjalainen
6 Status within the family: the status of children born following an
international surrogacy agreement under an EU (private international) law
perspective 105
Laura Carpaneto
7 The Proposal for a European Regulation on parenthood: main challenges 125
Cristina González Beilfuss
8 Cross-border recognition of international and foreign adoptions: challenges
and perspectives 139
Chiara Ragni
9 The Brussels II b Regulation: key novelties in international child
abduction 155
Nadia Rusinova
10 Acceptance and recognition of civil status: European Union and ICCS 176
Etienne Pataut
11 Divorce and separation in European private international law: new and old
challenges 193
Máire Ní Shúilleabháin
12 From tort to family law: compensation for cross-border child abduction 214

Nadia Rusinova
Edited by Silvia Marino, Full Professor of European Union Law, Department of Law, Economics and Cultures, University of Insubria, Como, Italy, Anna Wysocka-Bar, Assistant Professor, Private International Law Center, Faculty of Law and Administration, Jagiellonian University, Kraków, Poland and Javier Carrascosa González, Full Professor of Private International Law, Faculty of Law, University of Murcia, Spain