Limping legal relationships within the legal order of European Union
Concept, reasons for emersion, consequences, current situation at the EU level,assessment, practical treatment, settlement and means of prevention
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The term limping legal relationship , which is used in this monograph, is author s direct translation of a German term Hinkende Rechtsverhaeltnisse . The word limping is chosen because of the apparent feature of this phenomenon - as if legal relationships walked over the world s map and had a slight limp or went head over wheels depending on the number of countries (legal orders) which consider the legal relationship in question being lawful and valid or not.Limping legal relationships are legal relationships or deeds which one legal order considers being lawful and valid, but another legal or...
The term limping legal relationship , which is used in this monograph, is author s direct translation of a German term Hinkende Rechtsverhaeltnisse . The word limping is chosen because of the apparent feature of this phenomenon - as if legal relationships walked over the world s map and had a slight limp or went head over wheels depending on the number of countries (legal orders) which consider the legal relationship in question being lawful and valid or not.Limping legal relationships are legal relationships or deeds which one legal order considers being lawful and valid, but another legal order does not. Differences in states rules on choice of law, civil procedure, recognition and enforcement of foreign judgments, and international jurisdiction are the reasons for emersion of limping legal relationships. Family law and Inheritance law are the branches of law most adversely affected by limping legal relationships and we have a serious ground to expect that the situation will become worse in the future. Limping legal relationships always have legal consequences. They definitely affect the rights, legal relationships and persons involved in a more or less adverse manner.
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