The concept of public order in the Brussels II Regulation, the maintenance and succession Regulations

Abstract

This study analyzes international public order as a reason for refusal in recognition and enforcement in three European regulations, the Brussels II Regulation on parental responsibility, the Maintenance Regulation and the Succession Regulation, in which family law is the protagonist, participating with the Property Law. We will also study the public order clause in the Succession Regulations. The law of the forum determines public order as an exception or as a reason for refusal, however, we will have to comply with the limits imposed by the Court of Justice of the European Union and we will contemplate a European public order. In the analysis of public order in the targeted regulations, we will also specify when and how it is applied.