Virtual Workshop (in English) on December 3: Stéphanie Francq on “Overriding Mandatory Rules in Family Matters and Personal Status, Are Belgians the Only Ones?”

On Tuesday, December 3, 2024, the Hamburg Max Planck Institute will host its month-to-month digital workshop Present Analysis in Non-public Worldwide Regulation at 2:45 p.m. – 4:15 p.m. (CET). Professor Stéphanie Francq (UCLouvain) will converse, in English, in regards to the subject

“Overriding Obligatory Guidelines in Household Issues and Private Standing, Are Belgians the Solely Ones?”

Are we actually witnessing the incidence of overriding necessary guidelines in household issues and private standing? A brand new phenomenon appears certainly to floor on this space with examples of substantive guidelines or values, introduced by the lawmaker, along with a transparent intention to use in recognized worldwide conditions. Belgian legislation affords a sequence of examples. However are Belgian the one ones utilizing this methodology? German legislation has additionally supplied a greater identified and quite unlucky illustration with the Act to forestall little one marriage. These guidelines, their upsides and drawbacks, deserve shut consideration. First and clearly for technical causes: are we certainly dealing with overriding necessary guidelines, much like these regarding enterprise transactions? Or is that this some new type of public coverage exception? Are these guidelines rigorously designed authorized objects or quite clumsy makes an attempt to safe the applying of the lex fori? Past the technicalities, the presentation will have a tendency to analyze potential causes behind this new phenomenon.

It seems that these guidelines might need one thing to inform us in regards to the present state of battle of legal guidelines, its politics and its theories, and its have to look past its personal borders.