2012•Unpublished venueRequires access

CHOICE OF LAW IN INTERNATIONAL FAMILY AND SUCCESSION LAW

Magdalena Pfeiffer

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Abstract

This article shows that the traditional institutional mandatory approach to family and succession law in recent years there have been developments towards the admission of choice of law in these fields of private international law and that the choice of law performed by parties has a very important role to play. It analyzes the admission of choice of law in conflict-of-law rules in the respective Czech legislation and EU regulations, concluding that the scope for choosing applicable law in the EU instruments is rather limited, however that it grants parties an option to designate the law that they feel most connected to and comfortable with and balances the lack of uniform approach to conflict-of-law rules across the EU regulations in the field of international family law.

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What this paper is about

This article shows that the traditional institutional mandatory approach to family and succession law in recent years there have been developments towards the admission of choice of law in these fields of private international law and that the choice of law performed by parties has a very important role to play. It analyzes the admission of choice of law in conflict-of-law rules in the respective Czech legislation and EU regulations, concluding that the scope for choosing applicable law in the EU instruments is rather limited, however that it grants parties an option to designate the law that they feel most connected to and comfortable with and balances the lack of uniform approach to conflict-of-law rules across the EU regulations in the field of international family law.

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Available abstract

This article shows that the traditional institutional mandatory approach to family and succession law in recent years there have been developments towards the admission of choice of law in these fields of private international law and that the choice of law performed by parties has a very important role to play. It analyzes the admission of choice of law in conflict-of-law rules in the respective Czech legislation and EU regulations, concluding that the scope for choosing applicable law in the EU instruments is rather limited, however that it grants parties an option to designate the law that they feel most connected to and comfortable with and balances the lack of uniform approach to conflict-of-law rules across the EU regulations in the field of international family law.

Key concepts: Choice of law, Municipal law, Private law, Law, Conflict of laws, Public law, Scope (computer science), Civil law (Civil law)

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