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Proyecto EuroMed Justice III. Roma 2014
1. EU, EU MS and ENPI South Partners
Cross-border Regulations and Cross-border
Family conflicts
Rome, 18-20 November 2014
Gloria Esteban de la Rosa
Chief Professor of Private International Law
University of Jaén (Spain)
What is the current situation in the EU MS family law
concerning recognition of certain family institutions
of the ENPI SPC and their impact in cross-border
regulation? Special reference to kafala and family
reunification problems?
2. Islamic Family Law:
Personal Application
Family Law is not
exempt from
religious influence
I.e., the legal
period of
continence (given
by the Koran)
Personal
application of
Islamic Law to
Muslims,
regardless of
whether or not
they hold another
nationality, whilst
residing in the
country of origin
but also overseas
3. Application of Family Islamic Law
in European countries
Marriage: dowry
Dissolution of Marriage: talad and tatliq
Revocable and irrevocable dissolution of Marriage
Hadana and Wilaya
Kafala
Family Reunification Questions
4. Private International Law
It must promote the continuity of
the family relations of people who
migrate in their foreign place of origin
And, it is to serve as a
"communication channel" between
legislations
Public Policy?
5. Conclusions
The legal-family situation of
immigrants in Europe cannot be
treated mechanically; rather,
cultural aspects must also be
taken into consideration
6. Conclusions
The legal-family situation of
immigrants in Europe cannot be
treated mechanically; rather,
cultural aspects must also be
taken into consideration