Open Issues in European International Family Law: Sahyouni, 'Private Divorces' and Islamic Law Under the Rome III Regulation
The European Legal Forum 2017, pp. 68-74
7 Pages Posted: 23 Sep 2018
Date Written: November 1, 2017
The first reference for a preliminary ruling of the European Court of Justice (CJEU) regarding the interpretation of the Rome III Regulation is pending. The case covers two of the most debated subjects concerning the Rome III Regulation: (1) whether the recognition of a "private divorce" obtained abroad falls within the scope of application of the Rome III Regulation and, in the event of an affirmative answer, (2) how to precisely interpret Article 10 Rome III Regulation. Those two questions often occur together. In the following text, I will deal with both of them in the aforesaid order.
Keywords: conflict of laws, private international law, eu law, rome iii regulation, international divorce, islamic law, international family law, private divorce, religious divorce
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