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Tudor Vlad RĂDULESCU: Aspects of Community law on the law applicable to divorce with a foreign element

Abstract: Considering the process of unification and harmonization of family law in the European Union, one can say that a lot of work has been done in the past twenty years. However, all the existing Community legal instruments in the field of family law deal only with the questions of procedure, namely the problems of jurisdiction and recognition. The same statement applies to divorce, legal separation and marriage annulment (matrimonial matters), the family law instruments which are in the focus of this paper. This paper will mainly focus on the problems caused by this legal gap and the possible ways forward proposed by The Green Paper. The Commission has recently launched a Proposal for a Council Regulation amending Brussels IIbis Regulation as regards jurisdiction and introducing rules concerning applicable law in matrimonial matters. This Proposal, aimed primarily to harmonize conflict-of-law rules, represents a significant progress for the benefit of the EU citizens as it greatly diminishes problems of legal uncertainty and unpredictability both for the spouses and the legal practitioners.

Keywords: unification, family law, Green Paper.

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