The new regulation of Divorce in the European Union. Its projection in Spanish Private International Law
Keywords:
European Judicial Area, International divorce, Regulation 2201/2003, Regulation 1259/2010, applicable law, international jurisdictionAbstract
International Divorce has been one of those areas that have affected European initiatives in recent years. The effective judicial protection and personal freedom are fundamental rights and constitutional values with the needs arising from the consolidation of the European judicial area are key elements that justify the most recent reforms. In this paper we propose to analyze what were the results achieved. On one side, our discussion will address the changes introduced by European standards valuing its projection on the divorce law in international Law. To do this, from the new regulatory framework in place will address the traditional problems of international jurisdiction and applicable law by exposing the solutions adopted in both sectors. And, secondly, try to assess whether the new system introduced responds to the needs derived from effective judicial protection and personal freedom as well as their relevance to the objectives of the European judicial area.Downloads
Issue
Section
STUDIES
License
Copyright
Submission of a manuscript to the RDCE implies having read and accepted the journal's editorial guidelines and instructions for authors. When a work is accepted for publication, it is understood that the author grants the RDCE exclusive rights of reproduction, distribution and, where appropriate, sale of his manuscript for exploitation in all countries of the world in printed version, as well as any other magnetic, optical and digital media.
Authors shall transfer the publishing rights of their manuscript to RDCE so that it may be disseminated and capitalised on Intranets, the Internet and any web portals and wireless devices that the publisher may decide, by placing it at the disposal of users so that the latter may consult it online and extract content from it, print it and/or download and save it. These activities must comply with the terms and conditions outlined on the website hosting the work. However, the RDCE authorises authors of papers published in the journal to include a copy of these papers, once published, on their personal websites and/or other open access digital repositories. Copies must include a specific mention of RDCE, citing the year and issue of the journal in which the article was published, and adding a link to the RDCE website(s).
A year after its publication, the works of the RDCE will be under the Creative Commons Attribution-Noncommercial-NoDerivative 4.0 International license (CC BY-NC-ND 4.0), which allows third parties to share the work as long as its author and its first publication is indicated, without the right to commercial exploitation and the elaboration of derivative works.
Plagiarism and scientific fraud
The publication of work that infringes on intellectual property rights is the sole responsibility of the authors, including any conflicts that may occur regarding infringement of copyright. This includes, most importantly, conflicts related to the commission of plagiarism and/or scientific fraud.
Practices constituting scientific plagiarism are as follows:
1. Presenting the work of others as your own.
2. Adopting words or ideas from other authors without due recognition.
3. Not using quotation marks or another distinctive format to distinguish literal quotations.
4. Giving incorrect information about the true source of a citation.
5. The paraphrasing of a source without mentioning the source.
6. Excessive paraphrasing, even if the source is mentioned.
Practices constituting scientific fraud are as follows:
1. Fabrication, falsification or omission of data and plagiarism.
2. Duplicate publication.
3. Conflicts of authorship.
Warning
Any breach of these Rules shall constitute a ground for rejection of the manuscript submitted.
