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Hague 35: Overview and Measures of Protection

Alex Ruck Keene

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0010
Subject:
Law, Private International Law

This chapter and that following provide a commentary upon Hague 35, amplifying the text of the Convention by reference both to the Explanatory Report upon the Convention prepared by Professor ... More


Italy

Alex Ruck Keene and Montana Christian

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0046
Subject:
Law, Private International Law

Italy is a civil law country. There is a single, state-wide, judicial system, with a number of divisions. Jurisdiction in civil law matters can be divided into contentious, non-contentious, ... More


England and Wales

Claire van Overdijk

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0015
Subject:
Law, Private International Law

The territory of England and Wales forms a single jurisdiction covering two of the four countries of the United Kingdom (‘UK’). England and Wales together form the constitutional successor to the ... More


Spain

Richard Frimston, Maria de los Reyes S�nchez Moreno, and Juan Delgado Galindo

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0055
Subject:
Law, Private International Law

Spain has a civil law system, is a member of the EU and is also multi-jurisdictional. Some regions (Cataluña, Aragón, Navarra) have specific laws affecting the protection of adults. Matters not ... More


The United States of America

Kim Dayton

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0030
Subject:
Law, Private International Law

The United States of America is a physically large country, occupying nearly 3.5 million square miles. Its population of more than 321 million persons is distributed unevenly across its physical ... More


Austria

Alice Perscha and Richard Frimston

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0022
Subject:
Law, Private International Law

The Republic of Austria is a federal republic, divided into nine states (‘Bundesländer’), which have legislative competences of their own. The judiciary is considered to be the third pillar of the ... More


Australia—Victoria

Alex Ruck Keene and Mary Sealy

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0032
Subject:
Law, Private International Law

Australia is a common law country. Australia is a federation of five states and two territories. Laws affecting adults in need of protection are generally made at state level. In Victoria, adult ... More


Hong Kong Special Administrative Region, People’s Republic of China

Richard Frimston and John Budge

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0044
Subject:
Law, Private International Law

Under the concept of one country, two systems, even though the Hong Kong Special Administrative Region (‘SAR’) is politically part of the People’s Republic of China (‘PRC’), its legal system is ... More


Netherlands

Richard Frimston, Chanien Engelbertink, and Anneke Vrenegoor

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0049
Subject:
Law, Private International Law

The Netherlands is a unified kingdom and member state of the EU, with a civil law system. The court of first instance is either the District Court (Rechtbank) or the Sub- District Court ... More


USA—California

Alex Ruck Keene and Bette Epstein

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0058
Subject:
Law, Private International Law

The United States is a common law country. It is a federal republic of fifty states and a federal district. Laws affecting the protection of adults are predominantly made at state level. California ... More


Hague 35: Introduction and Background

Alex Ruck Keene

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0009
Subject:
Law, Private International Law

Part II of this book addresses Hague 35, the first modern attempt by states to create a coherent mechanism to enable the cross-border protection of vulnerable adults. The Part is divided into the ... More


Ireland

Patricia Rickard-Clarke

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0018
Subject:
Law, Private International Law

Ireland is an island in north-western Europe. It is divided into the state called Ireland, often referred to as the Republic of Ireland, which comprises the greater part of the island of Ireland, ... More


France

Patrick Delas and Richard Frimston

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0026
Subject:
Law, Private International Law

France is a unitary republic, divided into ninety-six metropolitan departments, five overseas departments and seven overseas territories. The judicial authority is the third authority referred to ... More


Germany

Volker Lipp and Adrian Ward

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0027
Subject:
Law, Private International Law

Germany is a federal republic consisting of 16 member states (Länder). At the municipal level, local government rests with districts (Kreise) and municipalities (Städte, Gemeinden). According to ... More


Brazil

Adrian Ward, Marcia Araujo Sabino de Freitas, Henrique Moraes Prata, and Fabr�cio Bertini Pasquot Polido

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0034
Subject:
Law, Private International Law

Brazil is a civil law country, with mainly codified law, but which as a result of increasing common law influence is moving towards being a hybrid system. Brazil is a federal republic. States have ... More


Key Concepts in Private International Law

Denzil Lush

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0003
Subject:
Law, Private International Law

Private International Law (PIL) deals primarily with the application of laws in space and time to decide the circumstances in which foreign law will apply. The local courts at a particular time are ... More


Estonia

Merle Haruoja, Kristi Rekand, and Adrian Ward

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0024
Subject:
Law, Private International Law

Estonia became an independent country in 1918 following centuries of domination—at different times—by Sweden, German-speaking Teutonic Knights, and Russia. After annexation by the Soviet Union, ... More


New Zealand

Adrian Ward and Gledhill Kris

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0050
Subject:
Law, Private International Law

New Zealand is a common law country. The judicial structure is the Supreme Court and the Court of Appeal, which are appellate courts only; the High Court, which hears appeals from District Courts ... More


Property and Affairs Aspects of the International Protection of Adults

Claire van Overdijk

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0005
Subject:
Law, Private International Law

The same broad questions of Private International Law arise in the context of the protection of the property of the adult as they do in relation to their person. In other words, in any case with a ... More


Canada—Saskatchewan

Adrian Ward and Kruzeniski Ron

in The International Protection of Adults

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198727255
eISBN:
9780191927515
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/9780198727255.003.0039
Subject:
Law, Private International Law

Canada is a federation composed of ten provinces, including Saskatchewan, and three territories. The common law applies in Canada, with the exception of the province of Quebec, which uses a civil ... More


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