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international law

Habitual residence in the context of an application for return of a child abroad
Every case brought under the Hague Convention on the Civil Aspects of International Child Abduction requires establishment of the child’s habitual residence. Therefore, the concept of habitual residence is central to the operation of the convention itself. Nevertheless, this term is not defined in the convention, nor in the Brussels II bis Regulation applicable to relations between EU member states.
Habitual residence in the context of an application for return of a child abroad
Legal consequences of a “hard Brexit”
It will soon be 10 months since the United Kingdom withdrew from the European Union. Although Brexit has formally already occurred, the real-life consequences are barely noticeable. But the transition period in force since the beginning of February 2020 is inexorably coming to an end, and it appears less and less likely that before it expires at the end of 2020 the parties will manage to reach an agreement governing the future relations between the UK and the EU.
Legal consequences of a “hard Brexit”
M&A and corporate law following a “hard Brexit”
It is looking increasingly likely that an agreement governing relations between the UK and the EU after 31 December 2020 will not be reached in time. This could cause some legal turbulence.
M&A and corporate law following a “hard Brexit”
All quiet on the choice-of-law front
The Brexit transition period is coming to an end. Whether or not it is still possible for the UK and the EU to reach a new trade agreement, many businesses operating on both sides can expect a number of uncertainties and challenges. Fortunately, one of the issues that will remain stable is the choice of law in contracts. Here Brexit will result in only technical changes.
All quiet on the choice-of-law front
Judicial cooperation in civil and commercial matters: Choice of law, jurisdiction and enforcement
A hard Brexit would leave choice of law rules largely intact, but remove the UK from convenient EU procedures for recognition and enforcement of judgments.
Judicial cooperation in civil and commercial matters: Choice of law, jurisdiction and enforcement
Post-Brexit cooperation in criminal justice
The EU provides tools for efficient police and judicial cooperation in criminal matters. But those instruments may no longer be available to the authorities if there is a hard Brexit.
Post-Brexit cooperation in criminal justice
Brexit and restrictions on trading in dual-use items
The UK ceased to be a member state of the EU on 31 January 2020, and EU law will cease to apply to the UK when the transition period expires on 31 December 2020. This means that from 1 January 2021, the Dual-Use Regulation will not apply to the UK.
Brexit and restrictions on trading in dual-use items
Brexit and family law
On 31 January 2020, the UK ceased to be a member state of the EU, and since then has not participated in EU decision-making processes or the work of EU institutions. The transition period provided for in the Brexit withdrawal agreement ends on 31 December 2020. Until then, all EU rules (with some exceptions not related to family law) still apply to the UK, as they do to EU member states. But how will divorce, maintenance, child and parental authority issues look from the start of 2021?
Brexit and family law
The end of the transition period: effects of Brexit on UK citizens in Poland
The transition period during which UK nationals are generally treated under EU law as citizens of other member states expires on 31 December 2020. This raises more and more questions and doubts about the legality of stay of UK citizens and their family members, both those already residing in Poland and those still planning their arrival.
The end of the transition period: effects of Brexit on UK citizens in Poland
Applicable law for marital property: How to make a choice of law, and what if no choice is made?
What law governs the marital property of a Polish wife and British husband who were married in the UK and then moved to Poland? What law governs the marital property of a Polish/French couple residing in Spain but holding real estate in Poland and France? Will a choice of law by a Polish/Swedish married couple to govern their marital property be recognised by an English court? These and other questions are answered by conflict-of-law regulations, knowledge of which is the point of departure for analysis of property relations between spouses.
Applicable law for marital property: How to make a choice of law, and what if no choice is made?
Civil aspects of child abduction: A few thoughts on the 1980 Hague Convention
It is said that familiarity breeds contempt. This old English proverb seems to be confirmed in China, where there has been an unprecedented increase in the number of divorce petitions following the opening of courts after several weeks of quarantine. While at the moment it is difficult to speak of a similar trend in Europe, the number of divorces is steadily increasing, and family law regulations are hardly keeping up with the needs of parents and children on the move. Some parents go abroad with their children, deliberately trying to bypass laws of a given jurisdiction. Others simply return with a child to their country of origin, unaware of the legal consequences of their actions. This situation, called parental abduction, constitutes a global and growing problem.
Civil aspects of child abduction: A few thoughts on the 1980 Hague Convention
Waiver of succession by a minor living abroad
A minor may become an heir either by will or by law. Often the appointment to an inheritance results from earlier waiver by the parents (due to debts of the estate or a desire to pass on the inheritance to further heirs). However, a seemingly simple succession becomes complicated if a minor heir does not live in Poland.
Waiver of succession by a minor living abroad