Naslov
Is exclusion of adoption from the substantive scope of application of the Brussels IIbis Regulation under its Art. 1/3/b justified?

Autori
Hoško, Tena

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, neobjavljeni rad, znanstveni

Skup
Unalex international workshop, European Open Issues in Private International Law: Matrimonial and Maintenance Law

Mjesto i datum
Genova, Italija, 24.02.2017

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Nije recenziran

Ključne riječi
Brussels Ibis Regulation, adoption exclusion, adoption preparatory measures, simple adoption

Sažetak
Adoption decisions and measures preparatory to adoption are given no automatic recognition on the EU level since they are excluded from the substantive scope of application of the Brussels IIbis Regulation. The exclusion of adoption from the Brussels IIbis Regulation may thus severely limit the right of free movement of persons in the EU. This might be partially cured by the proposed Adoption Regulation if it comes into force. However, the proposed text of the Regulation does not deal directly with the simple adoptions which may open some new issues in the relationship between the Brussels IIbis and Maintenance regulations with the prospective Adoption Regulation. For that reason, it is advisable that the Regulation expressly tackles the simple adoptions and their adaptation to other measures known in the Member State of recognition. Additionally, its scope of application should expressly include measures preparatory to adoption in order to ensure legal certainty for prospective family even before the adoption is made.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

Napomena
Međunarodna konferencija

POVEZANOST RADA