Search results for "proper"

The essay focuses on the different mechanisms of marriage downgrading. Given the principle of ?cross-border continuity? of statuses, limits to this continuity are sometimes admitted and they are placed through downgrading mechanisms. That can occour in the case of same-sex marriages transcription in a Member State which does not allow such marriages, but which does allow samesex registered partnerships. Downgrading mechanism has an anti-elusive function, but it is not without problems in terms of discrimination on the grounds of sexual orientation. A different approach is taken in the case of an opposite-sex couple requesting the downgrading of their marriage, celebrated before the Member S…

:CIENCIAS JURÍDICAS [UNESCO]cross-border coupleregistered partnershippareja transfronterizadiscriminación. 130 147but which does allow samesex registered partnerships. Downgrading mechanism has an anti-elusive functiondowngradingRoberto The essay focuses on the different mechanisms of marriage downgrading. Given the principle of ?cross-border continuity? of statuseslimits to this continuity are sometimes admitted and they are placed through downgrading mechanisms. That can occour in the case of same-sex marriages transcription in a Member State which does not allow such marriagesbut it is not without problems in terms of discrimination on the grounds of sexual orientation. A different approach is taken in the case of an opposite-sex couple requesting the downgrading of their marriagedegradaciónUNESCO::CIENCIAS JURÍDICAScelebrated before the Member State allowed access to registered partnerships for all sex couples. The element of voluntariness seems to be the prerequisite for a proper anti-discrimination rule FamilyFamiliamatrimonio2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113553 Different approaches to marriage downgrading from an anti-elusive measure to an antidiscriminatory claim Garettouniones registradasmarriagediscrimination.

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Property and cross-border couples from the perspective of European regulation

2021

The family property regimes constitute a relevant sector of the EU regulatory framework strongly connected with fundamental rights policies. Family property offers specific issues which need to balance individual rights with general interests, especially in matter of real estate property. The fragmentation of the discipline in EU Family law, the diversity of the domestic rules regarding rights in rem requires a large use of flexibility from EU legislator and EU legal professionals. The discipline provides by EU Regulations 1103 and 1104/2016 could be an interesting example to manage cross-border couple?s interests: the principles of universality and unity have to be used appropriately and, …

:CIENCIAS JURÍDICAS [UNESCO]familia2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113561 Property and cross-border couples from the perspective of European regulation RuggerifamilyLucia The family property regimes constitute a relevant sector of the EU regulatory framework strongly connected with fundamental rights policies. Family property offers specific issues which need to balance individual rights with general intereststhe best solution is ?retraction? and ?adaptation? of domestic legal framework. Propertythe principles of universality and unity have to be used appropriately and [the diversity of the domestic rules regarding rights in rem requires a large use of flexibility from EU legislator and EU legal professionals. The discipline provides by EU Regulations 1103 and 1104/2016 could be an interesting example to manage cross-border couple?s interests]régimen económicoespecially in matter of real estate property. The fragmentation of the discipline in EU Family lawparejas transfronterizas. 252 273property regimescross-border couples.UNESCO::CIENCIAS JURÍDICASPropiedadthe diversity of the domestic rules regarding rights in rem requires a large use of flexibility from EU legislator and EU legal professionals. The discipline provides by EU Regulations 1103 and 1104/2016 could be an interesting example to manage cross-border couple?s interests: the principles of universality and unity have to be used appropriately andin some case

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Italian assisted negotiation: an additional tool to settle matrimonial property regime cases

2021

The assisted negotiation procedure highlighted the need to distinguish the various forms of justice in view to obtaining decisions that can effectively satisfy the interests of the family. In fact the agreements who discipline the family conflicts attributes a central role to the will of the couple in the collaborative search for suitable solutions for the management of the crisis of the emotional bond.

:CIENCIAS JURÍDICAS [UNESCO]métodos alternativos de solución de conflictos. 164 179Negociación asistidaUNESCO::CIENCIAS JURÍDICASprenuptial agreementsfamily conflictsconflictos familiaresManuela The assisted negotiation procedure highlighted the need to distinguish the various forms of justice in view to obtaining decisions that can effectively satisfy the interests of the family. In fact the agreements who discipline the family conflicts attributes a central role to the will of the couple in the collaborative search for suitable solutions for the management of the crisis of the emotional bond. Assisted negotiationalternative dispute resolution.2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113555 Italian assisted negotiation an additional tool to settle matrimonial property regime cases Giobbiacuerdos prematrimoniales

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Las obras musicales en las radios universitarias

2018

The Spanish General Audiovisual Communication Law does not relate to Campus Radio Stations. In this context, Copyright Collection Societies do not cover them in their catalogues of general fees. For this reason, the holders of these radios are forced to negotiate them. Althoug the Intellectual Property Law and the Order ECD/2574/2015, of 2 December, contain obligations for Copyright Collection Societies, on this matter its enforcement are far from being achieved

:CIENCIAS JURÍDICAS [UNESCO]on this matter its enforcement are far from being achieved Obras musicales2386-4567 22661 Actualidad jurídica iberoamericana 502169 2018 9 6653323 Las obras musicales en las radios universitarias López Sánchezcopyrightlicencias copyleftComputingMilieux_LEGALASPECTSOFCOMPUTINGtarifascopyleft licensescopyright collection societies. 136 175ComputingMilieux_GENERALMusical worksradios universitariasUNESCO::CIENCIAS JURÍDICASthe holders of these radios are forced to negotiate them. Althoug the Intellectual Property Law and the Order ECD/2574/2015campus radio stationspropiedad intelectualfeesCristina The Spanish General Audiovisual Communication Law does not relate to Campus Radio Stations. In this contextCopyright Collection Societies do not cover them in their catalogues of general fees. For this reasonof 2 Decembercontain obligations for Copyright Collection Societiesentidades de gestión colectiva

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Pre-marital and pre-unional financial agreements and their circulation in the context of the new EU regulations 2016/1103 and 2016/1104

2021

Regulations (EU) 2016/1103 and 2016/1104 provide spouses and partners with the possibility to conclude agreements for the organization of their property regime but do not detail their content and structure. Moreover, while the possibility to conclude those agreements even prior to the marriage or the conclusion of a registered partnership is a valuable innovation in comparison with other European Regulations in family matters, some choices made by the European legislator on applicable law will likely be source of inconveniences. Furthermore, as for their recognition and enforcement in the participating Member States ? which will be based on the same rules enacted for decisions, authentic in…

:CIENCIAS JURÍDICAS [UNESCO]reglamentos UE 34 51where the jurisprudence of the Supreme Court is steadily opposed to their acceptance. : Pre-marital agreementswhile the possibility to conclude those agreements even prior to the marriage or the conclusion of a registered partnership is a valuable innovation in comparison with other European Regulations in family mattersPablo D. Regulations (EU) 2016/1103 and 2016/1104 provide spouses and partners with the possibility to conclude agreements for the organization of their property regime but do not detail their content and structure. Moreoversome choices made by the European legislator on applicable law will likely be source of inconveniences. FurthermoreEU regulationsacuerdos previos a la convivencialike ItalyUNESCO::CIENCIAS JURÍDICASas for their recognition and enforcement in the participating Member States ? which will be based on the same rules enacted for decisionsand court settlements ? attention should be paid to their admissibility in some of themAcuerdos prematrimoniales2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113547 Pre-marital and pre-unional financial agreements and their circulation in the context of the new EU regulations 2016/1103 and 2016/1104 BrunoPre-marital agreements [where the jurisprudence of the Supreme Court is steadily opposed to their acceptance.]authentic instrumentspre-unional agreements

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Jurisdiction by connection and proper administration of justice under eu regulations 1103/2016 and 1104/2016

2021

The author analyses the rules of jurisdiction by connection set by Articles 4 and 5 of Regulations No. 1103 and 1104 of 2016 in matters of property regimes of transnational couples, taking into account the objective of proper administration of justice pursued within EU Civil judicial cooperation. The Twin Regulations provide for appropriate procedural tools to facilitate concentration of jurisdiction before the courts of the same Member State, establishing an important role for the choice-of-court agreement, especially where property regime issues arise in connection with a matrimonial case or a partnership dissolution case. As we wait for the implementation of these rules by national and E…

:CIENCIAS JURÍDICAS [UNESCO]related actions 148 163establishing an important role for the choice-of-court agreementley de sucesiones2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113554 Jurisdiction by connection and proper administration of justice under eu regulations 1103/2016 and 1104/2016 Pía Gasperiniproperty regimesJurisdictionfamily lawtaking into account the objective of proper administration of justice pursued within EU Civil judicial cooperation. The Twin Regulations provide for appropriate procedural tools to facilitate concentration of jurisdiction before the courts of the same Member StateUNESCO::CIENCIAS JURÍDICASMaría The author analyses the rules of jurisdiction by connection set by Articles 4 and 5 of Regulations No. 1103 and 1104 of 2016 in matters of property regimes of transnational couplesregímenes económicosthe author also explores some possible drawbacks they may present. Competencialey de familiaespecially where property regime issues arise in connection with a matrimonial case or a partnership dissolution case. As we wait for the implementation of these rules by national and European courtsacciones relacionadas.succession law

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