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Title: The latest private international law maintenance regime, internationally and in Europe : slowly paving the road to success but the road is long and further developments are required
Author: Walker, Lara
ISNI:       0000 0004 2746 0197
Awarding Body: University of Aberdeen
Current Institution: University of Aberdeen
Date of Award: 2013
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The duty to provide for those that you have a legal and moral obligation to support is very important. With the movement and migration of people both within Europe and globally there are more and more families and relations who live in different States. Therefore it is imperative that suitable and workable methods exist to create maintenance obligations and then secure the transfer of funds, particularly from abroad. The provisions in the two most recent international instruments on maintenance, EU Maintenance Regulation no 4/2009 and the Hague Maintenance Convention of 2007, are analysed in order to discover what developments and therefore potential improvements have been made in relation to the recovery of maintenance from abroad. In order to analyse these developments four key areas are focused on: jurisdiction, recognition and enforcement, actual enforcement and administrative cooperation. When analysing the developments and suggesting possible solutions for the future, which cover developments in the legal documents and directions for good practice, the thesis seeks to suggest solutions and improvements that assist in ensuring the effective enforcement of cross border maintenance obligations whilst protecting the rights and legitimate expectations of the parties involved. This is in line with the pragmatist approach or theory, which is the approach taken by the majority of British private international law scholars. This is done through analytical and empirical research.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available