direito internacional

13 1980 hague

The impact of “Domestic Violence” on Art. 13 Exceptions within the 1980 Hague Convention.

The impact of “Domestic Violence” on Art. 13 Exceptions within the 1980 Hague Convention. By Dr. Maurício Ejchel International & Family Lawyer (Brazil) The Central Authority for the Hague Convention on International Child Abduction (CGAP) will welcome in June/2024 the international legal community to Sandton, South Africa, for the Forum on Domestic Violence and the […]

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UE scrutinize Brazil

EU Parliament Investigates Brazil’s Compliance with Hague Child Abduction Rules

EU Parliament Investigates Brazil’s Compliance with Hague Child Abduction Rules By Dr. Maurício Ejchel International & Family Lawyer (Brazil)   Brazil’s adherence to the 1980 Hague Convention on International Child Abduction is once more under scrutiny, now by the European Parliament, as the issue of EU children unlawfully retained in Brazil becomes increasingly visible. Historically,

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The Act of Fraudulent Commission of Reality on Child Abduction Cases

The article discusses the Act of Fraudulent Commission of Reality (ACFR), a pattern where abducting parents manipulate reality to legitimize international child abductions. Employing strategies like false allegations of abuse and legal maneuvers in the destination country, these actions aim to obstruct the child’s repatriation under the 1980 Hague Convention. Statistical data from the Hague Conference on Private International Law shows a significant rise in invoking Article 13(1)(b) to justify non-repatriation due to alleged risks to the child. This highlights the need for rigorous examination of such claims to ensure they are not exploitations of ACFR tactics, safeguarding the child’s best interests.

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Act of Fraudulent Commission of Reality

The article discusses the Act of Fraudulent Commission of Reality (ACFR), a pattern where abducting parents manipulate reality to legitimize international child abductions. Employing strategies like false allegations of abuse and legal maneuvers in the destination country, these actions aim to obstruct the child’s repatriation under the 1980 Hague Convention. Statistical data from the Hague Conference on Private International Law shows a significant rise in invoking Article 13(1)(b) to justify non-repatriation due to alleged risks to the child. This highlights the need for rigorous examination of such claims to ensure they are not exploitations of ACFR tactics, safeguarding the child’s best interests.

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Prenuptial Agreement in Brazil

This article provides a thorough analysis of prenuptial agreements within the Brazilian legal framework. It delves into the complexities of different marital regimes available in Brazil, such as Communion of Property, Partial Communion of Property, Separate Property, and Participation in Acquests. The Separate Property regime is particularly emphasized, backed by its codification in the Brazilian Civil Code Articles 1,687 to 1,688. This option is highlighted as ideal for individuals who wish to maintain financial independence within marriage.

Additionally, the article outlines the procedural requirements for drafting a legally binding prenuptial agreement in Brazil. Steps include creating a public deed at a notary office and ensuring registration at the relevant Civil and Property Registry Offices. The text concludes by inviting readers who seek further clarification or guidance to get in touch for a more comprehensive consultation. Multiple references from legal texts and academic articles are provided to offer a rounded perspective.

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