Party Autonomy in EU Private International Law

This book is a comprehensive analysis of the choice of court and choice of law provisions that apply to cross-border family matters and succession in EU private international law.
Jacqueline Gray
European Family Law
book | published | 1st edition
January 2021 | xxvi + 352 pp.


€69.30 €99.-

ISBN 9781780689746

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ISBN 9781839701061

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'Gray's work is an extremely rewarding read to understand the structures and connections [in the choice of court and choice of law rules in family and succession matters].' -- Prof Dr Peter Mankowski, FamRZ, 2021.
This quote has been translated from German.

This book focuses on the concept of party autonomy in cross-border family matters and succession in EU private international law. It analyses the choice of court and choice of law provisions that has been developed within this framework over the past two decades. These rules are evaluated and compared in view of the underlying values and objectives in the EU context. Does the manifestation of these provisions meet the EU’s objectives in adopting legislative action? If not, what factors prevent them from doing so? Are there any gaps that need to be addressed and how might these issues be tackled?

Party Autonomy in EU Private International Law: Choice of Court and Choice of Law in Family Matters and Succession is valuable to researchers, legal practitioners and civil servants with an interest in private international law and/or cross-border family- and succession law issues.

Dr JACQUELINE GRAY obtained her PhD from Utrecht University in 2019. As a member of the Utrecht Centre for European Research into Family Law (UCERF), she also participated in the European Commission-funded project ‘Cross-Border Proceedings in Family Law Matters before National Courts and CJEU’. Prior to this, she worked as a trainee at the European Parliament within the Committee on Civil Liberties, Justice and Home Affairs (LIBE) and studied at Leiden University and the University of Glasgow. 

Table of Contents

Table of Contents and Preliminary Pages (p. 0)

Jacqueline Gray

Part I. Concept and Objectives

Chapter 1. Introduction (p. 1)

Chapter 2. Conceptualising Free Will in EU Private International Law Relating to Family Matters and Succession (p. 15)

Chapter 3. The Objectives behind the Unification of Private International Law on Family Matters and Succession (p. 35)

Part II. Preliminaries of Choices

Chapter 4. Material and Personal Scope (p. 67)

Chapter 5. Focus of Choice (p. 113)

Part III. Content of Choice

Chapter 6. Direct Connections (p. 131)

Chapter 7. Coordinating Provisions (p. 165)

Chapter 8. Subsidiary Forms of Party Autonomy (p. 191)

Part IV. Variables of Choice

Chapter 9. Temporal, Formal and Material Requirements (p. 209)

Chapter 10. Enforcement of Choice (p. 253)

Part V. Conclusion

Chapter 11. Concluding Synthesis (p. 295)

About the series:

European Family Law

... the European Family Law Series [plays] an important role in informing lawyers across Europe and beyond about developments in other jurisdictions, and in continually assessing the potential for hamonisation in the field.
Brian Sloan in Rabels Zeitschrift 74 (2010)

The European Family Law series is dedicated to the harmonisation and unification of family and succession law in Europe. The series includes comparative legal studies and materials as well as studies on the effects of international and European law making within the national legal systems in Europe.

The series is published under the auspices of the Organising Committee of the Commission on European Family Law:
- Professor Katharina Boele-Woelki (The Netherlands),
- Professor Frédérique Ferrand (France),
- Professor Cristina González Beilfuss (Spain),
- Professor Maarit Jänterä-Jareborg (Sweden),
- Professor Nigel Lowe (United Kingdom),
- Professor Dieter Martiny (Germany) and
- Professor Velina Todorova (Bulgaria).

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