The transference of family law to the Faroe Islands and the inter-territorial conflicts of laws in the Kingdom of Denmark:an appraisal
The Danish state or Rigsfællesskab is a decentralized state composed of the Faroe Islands, Greenland and Denmark proper. Differences among the family laws in force in the three parts of the Kingdom have existed for long, as not all laws passed by the Danish parliament have been implemented in Greenl...
Published in: | International Journal of Law, Policy and The Family |
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2023
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Online Access: | https://portal.findresearcher.sdu.dk/da/publications/3b236d8f-9aec-430b-adb4-c46e11bed381 https://doi.org/10.1093/lawfam/ebad033 |
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ftsydanskunivpub:oai:sdu.dk:publications/3b236d8f-9aec-430b-adb4-c46e11bed381 2024-09-15T18:05:33+00:00 The transference of family law to the Faroe Islands and the inter-territorial conflicts of laws in the Kingdom of Denmark:an appraisal Lorenzo Villaverde, José Maria 2023 https://portal.findresearcher.sdu.dk/da/publications/3b236d8f-9aec-430b-adb4-c46e11bed381 https://doi.org/10.1093/lawfam/ebad033 eng eng https://portal.findresearcher.sdu.dk/da/publications/3b236d8f-9aec-430b-adb4-c46e11bed381 info:eu-repo/semantics/embargoedAccess Lorenzo Villaverde , J M 2023 , ' The transference of family law to the Faroe Islands and the inter-territorial conflicts of laws in the Kingdom of Denmark : an appraisal ' , International Journal of Law, Policy and the Family , vol. 37 , no. 1 , ebad033 . https://doi.org/10.1093/lawfam/ebad033 Denmark Faroe Islands autonomy co-motherhood conflicts of laws decentralized states family law federal inter-territorial private law ordre public private international law same-sex couples article 2023 ftsydanskunivpub https://doi.org/10.1093/lawfam/ebad033 2024-07-01T23:45:10Z The Danish state or Rigsfællesskab is a decentralized state composed of the Faroe Islands, Greenland and Denmark proper. Differences among the family laws in force in the three parts of the Kingdom have existed for long, as not all laws passed by the Danish parliament have been implemented in Greenland or the Faroes. Since 2018, the Faroese authorities have assumed competences to legislate on family law. This article critically explores the legal structure and functioning of distribution of competences in family law in the Danish Rigsfællesskab, the transference of the field to the Faroe Islands and inter-territorial private law issues in family matters between Denmark proper and the Faroe Islands. The topics of same-sex marriages, matrimonial property regimes and co-motherhood are particularly examined. The article identifies and discusses various incoherencies and problems of the system. The contours of the field family law and its interaction with other fields are imprecise. There is no well-stablished body to solve possible disputes on competences, which are, in practice, left to political negotiations instead of based on a clear framework. When it comes to inter-territorial private law, the uncertainty deepens. Inter-territorial private law is not a legislated matter and to what extent inter-territorial cases are treated differently from private international law ones remains unclear. There is virtually no coordination between the relevant authorities involved. Can we talk about one common inter-territorial private law for the whole Kingdom of Denmark? Can a decision from one part of the Rigsfællesskab face non-recognition in another part? Although the article argues against invoking ordre public, it acknowledges that the matter is not settled. The interaction between the family laws of Denmark proper and the Faroe Islands occurs within a framework that lacks clarity in its functioning and application. It evidences disorganization, inaction as well as little reflection on the Danish state as a decentralized ... Article in Journal/Newspaper Faroe Islands Faroes Greenland University of Southern Denmark Research Portal International Journal of Law, Policy and The Family 37 1 |
institution |
Open Polar |
collection |
University of Southern Denmark Research Portal |
op_collection_id |
ftsydanskunivpub |
language |
English |
topic |
Denmark Faroe Islands autonomy co-motherhood conflicts of laws decentralized states family law federal inter-territorial private law ordre public private international law same-sex couples |
spellingShingle |
Denmark Faroe Islands autonomy co-motherhood conflicts of laws decentralized states family law federal inter-territorial private law ordre public private international law same-sex couples Lorenzo Villaverde, José Maria The transference of family law to the Faroe Islands and the inter-territorial conflicts of laws in the Kingdom of Denmark:an appraisal |
topic_facet |
Denmark Faroe Islands autonomy co-motherhood conflicts of laws decentralized states family law federal inter-territorial private law ordre public private international law same-sex couples |
description |
The Danish state or Rigsfællesskab is a decentralized state composed of the Faroe Islands, Greenland and Denmark proper. Differences among the family laws in force in the three parts of the Kingdom have existed for long, as not all laws passed by the Danish parliament have been implemented in Greenland or the Faroes. Since 2018, the Faroese authorities have assumed competences to legislate on family law. This article critically explores the legal structure and functioning of distribution of competences in family law in the Danish Rigsfællesskab, the transference of the field to the Faroe Islands and inter-territorial private law issues in family matters between Denmark proper and the Faroe Islands. The topics of same-sex marriages, matrimonial property regimes and co-motherhood are particularly examined. The article identifies and discusses various incoherencies and problems of the system. The contours of the field family law and its interaction with other fields are imprecise. There is no well-stablished body to solve possible disputes on competences, which are, in practice, left to political negotiations instead of based on a clear framework. When it comes to inter-territorial private law, the uncertainty deepens. Inter-territorial private law is not a legislated matter and to what extent inter-territorial cases are treated differently from private international law ones remains unclear. There is virtually no coordination between the relevant authorities involved. Can we talk about one common inter-territorial private law for the whole Kingdom of Denmark? Can a decision from one part of the Rigsfællesskab face non-recognition in another part? Although the article argues against invoking ordre public, it acknowledges that the matter is not settled. The interaction between the family laws of Denmark proper and the Faroe Islands occurs within a framework that lacks clarity in its functioning and application. It evidences disorganization, inaction as well as little reflection on the Danish state as a decentralized ... |
format |
Article in Journal/Newspaper |
author |
Lorenzo Villaverde, José Maria |
author_facet |
Lorenzo Villaverde, José Maria |
author_sort |
Lorenzo Villaverde, José Maria |
title |
The transference of family law to the Faroe Islands and the inter-territorial conflicts of laws in the Kingdom of Denmark:an appraisal |
title_short |
The transference of family law to the Faroe Islands and the inter-territorial conflicts of laws in the Kingdom of Denmark:an appraisal |
title_full |
The transference of family law to the Faroe Islands and the inter-territorial conflicts of laws in the Kingdom of Denmark:an appraisal |
title_fullStr |
The transference of family law to the Faroe Islands and the inter-territorial conflicts of laws in the Kingdom of Denmark:an appraisal |
title_full_unstemmed |
The transference of family law to the Faroe Islands and the inter-territorial conflicts of laws in the Kingdom of Denmark:an appraisal |
title_sort |
transference of family law to the faroe islands and the inter-territorial conflicts of laws in the kingdom of denmark:an appraisal |
publishDate |
2023 |
url |
https://portal.findresearcher.sdu.dk/da/publications/3b236d8f-9aec-430b-adb4-c46e11bed381 https://doi.org/10.1093/lawfam/ebad033 |
genre |
Faroe Islands Faroes Greenland |
genre_facet |
Faroe Islands Faroes Greenland |
op_source |
Lorenzo Villaverde , J M 2023 , ' The transference of family law to the Faroe Islands and the inter-territorial conflicts of laws in the Kingdom of Denmark : an appraisal ' , International Journal of Law, Policy and the Family , vol. 37 , no. 1 , ebad033 . https://doi.org/10.1093/lawfam/ebad033 |
op_relation |
https://portal.findresearcher.sdu.dk/da/publications/3b236d8f-9aec-430b-adb4-c46e11bed381 |
op_rights |
info:eu-repo/semantics/embargoedAccess |
op_doi |
https://doi.org/10.1093/lawfam/ebad033 |
container_title |
International Journal of Law, Policy and The Family |
container_volume |
37 |
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1 |
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1810443084495847424 |