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Part VII Relationship with Other Instruments in the Area of Family Law, 11 Relationship with Other EU Regulations

From: European Private International Family Law: The Brussels IIb Regulation

Michael Wilderspin

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 March 2024

Subject(s):
Applicable law — Family law — Children — Matrimonial causes — Recognition and enforcement of foreign judgments — Jurisdiction under the Brussels II Regulation

This chapter looks into the relationship of the Brussels IIb Regulation with other EU Regulations. It elaborates on the jurisdiction of the relationship between divorce and matters of parental responsibility. Since the Brussels IIb Regulation contains no choice of law rules, the forum must determine whether another EU Regulation to which it is party or a Convention to which it or the EU is party contains such rules. The chapter clarifies that each Regulation contains its own system of recognition and enforcement in line with its regimes. Under the Brussels IIb Regulation, all decisions that require enforcement can be enforced without the need to obtain a declaration of enforceability (exequatur).

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