Our office is at your disposal to advise you on matters of international Law and European Law, thanks to an excellent mastery of the English language coupled with a both national and foreign daily practice, dealing with life elements of extraneity.
Family Law is constantly impregnated with the influence of International and European Law, just the same as Contract law, or Internal Law more generally speaking, such as the very interesting English common law legal term “Estoppel”.
Me Gabrielle Eisenscher will assist you all along, in the light of the following texts :
- The Hague Treaty on October 25 th 1980 - Effective date in France December 1st 1983.
- European Regulations nr 650/2012, effective in France on August 17th 2015, exercisable (applicable ) in the whole of Europe (except United Kingdom, Ireland, and Denmark)
- Regulation 2201/2003 Bruxelles II Bis, November 27th 2007, concerning the Competence, Recognition and execution of decisions in marital subjects and parental responsibility. Effective on March 1st 2005.
- Regulation 1259/2010 Rome III, December 2010, establishing a will autonomy and divorce with a choice within the law applicable to divorce, effective on June 21st 2012.
- Regulation N° 650/2012, July 4th 2012, concerning cross border successions, estates, inheritances ; adopted on June 7th 2012, clarifying international successions using as the one and only criteria the place of residence of the deceased person.
Under the condition that it will not interfere with International Public Order, the article 22 allows someone to choose for only law governing his succession the Law of the state whose nationality is his own at the time of his choice or at the time of his death. Someone with several nationalities can choose the law applied in one of the Country whose nationality is his own, at the time of his choice or death. This regulation creates a European inheritance Certificate allowing to take advantage of his status as heir, legatee, executor, or administrator (article 69).
This regulation is directly compulsory in members States from august 17th 2015, whereas articles 77 and 78 applicable from January 16th 2014 and articles 79,80, 81 from July 5th 2012.
- The Hague Convention march 14th 1978 allows to determine the law concerned for an international couple, so his matrimonial regime.
- Vienna United Nations Convention on contracts for international sales of goods, ratified on April 11th 1980 by France.
- Rome Convention June 19th 1980 on the law applicable to contractual obligations (bonds ?) and Decree 91- 242, February 28th 1991.
- The Hague Convention October 5th 1961, suppressing the demanded legalization of foreign public certificates established on OcT;5th 1961 , named “Apostille”
- Lugano Convention, September 16th 1988, regarding the judiciary competence and execution of civil and commercial matters .Decree 92-111 , Feb. 3rd 1992.
- European Union Regulation N° 805/2004, creating a writ of execution for uncontested claims into effect on October 21st 2005.
Our Cabinet works, more particularly, together with several British and Irish notaries, solicitors, Lawyers , as well as many foreign cabinets (USA, Spain & Autonomous Basque Community, Germany, Belgium, the Netherlands, Singapore, South Africa, Australia ...).
Maître Eisenscher works in a close regular partnership with the cabinet of Maître Fey Makri , Lawyer at the Bar of Athens- Greece)