References of "Wautelet, Patrick"
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See detailGrensoverschrijdende alimentatieovereenkomsten tussen echtgenoten: tussen zekerheid en illusie
Wautelet, Patrick ULg

in Tijdschrift Estate Planning [=TEP] = Estate Planning Journal = Revue de Planning Patrimonial (2010), 5(3), 177-204

In this paper, I attempt to demonstrate that while spouses may make arrangements for post-divorce alimony and determine which law will govern such arrangement, uncertainty remains within the EU as to the ... [more ▼]

In this paper, I attempt to demonstrate that while spouses may make arrangements for post-divorce alimony and determine which law will govern such arrangement, uncertainty remains within the EU as to the enforceability of such arrangements, especially since it is not yet known whether courts will enforce a choice of law made by spouses in such agreements. I also argue that the uncertainty is, however, limited and that in most cases, there is reason to believe that courts will indeed enforce such agreements. [less ▲]

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See detailL'acquisition immobiliere internationale
Wautelet, Patrick ULg

in Guide de droit immobilier (2010)

In this chapter an attempt is made to describe the law of cross-border real estate acquisition. This is done first by analyzing the cross-border real estate sale (looking in particular at which law ... [more ▼]

In this chapter an attempt is made to describe the law of cross-border real estate acquisition. This is done first by analyzing the cross-border real estate sale (looking in particular at which law applies to the substance of the real estate agreement and what requirements apply in order to conclude a valid agreement as to the formal requirements). In a second stage, an analysis is made of the legal aspects of real estate financing, looking at the impact of mandatory provisions regarding mortgage lending. In a final chapter, some thoughts are offered on the securities used to back up mortgage lending, in particular the use of mortgage in cross border real estate acquisition. [less ▲]

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See detailDroit international privé - supports didactiques
Wautelet, Patrick ULg

Learning material (2010)

Ce document reprend l'ensemble des supports de présentation utilisés pour appuyer l'enseignement d'un cours d'introduction au droit international privé qui figure au programme du master en droit offert ... [more ▼]

Ce document reprend l'ensemble des supports de présentation utilisés pour appuyer l'enseignement d'un cours d'introduction au droit international privé qui figure au programme du master en droit offert par la Faculté de droit de l'ULg. Ce document n'a pas de valeur scientifique propre. L'ambition est uniquement pédagogique. [less ▲]

Detailed reference viewed: 55 (1 ULg)
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See detailLes seniors délocalisés et leur patrimoine – questions choisies de droit international privé
Wautelet, Patrick ULg

in Georges, Frédéric (Ed.) Le droit des seniors : aspects civils, sociaux et fiscaux (2010)

In this paper, I examine the legal position of migrants - both of foreigners who have settled some time ago in Belgium and of Belgian citizens who have settled abroad. The focus is in particular on two ... [more ▼]

In this paper, I examine the legal position of migrants - both of foreigners who have settled some time ago in Belgium and of Belgian citizens who have settled abroad. The focus is in particular on two issues which are of interest to elders and senior citizens, i.e. that of their successions (to whom will my assets be distributed after I pass away) and of the impact of mental or physical incapacity (what if I am unable to manage my assets). [less ▲]

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See detailLitigating Cross-Border IP Disputes - issues of Jurisdiction
Wautelet, Patrick ULg

Learning material (2010)

In this seminar, students are invited to study the fundamentals of cross-border IP disputes, using as an example the rules of jurisdiction in force within the European Judicial Area for patent disputes ... [more ▼]

In this seminar, students are invited to study the fundamentals of cross-border IP disputes, using as an example the rules of jurisdiction in force within the European Judicial Area for patent disputes. Particular attention is paid to the case law of the ECJ and the difficulties patent holders face in obtaining cross-border relief. [less ▲]

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See detailCooperation judiciaire civile : méthodes et enjeux de la coopération européenne
Wautelet, Patrick ULg

Scientific conference (2009, December)

Cette présentation destinée au personnel des SPF Justice et Affaires étrangères avait comme objectif de dresser le bilan et de présenter les enjeux futurs de la coopération judiciaire civile au sein de l ... [more ▼]

Cette présentation destinée au personnel des SPF Justice et Affaires étrangères avait comme objectif de dresser le bilan et de présenter les enjeux futurs de la coopération judiciaire civile au sein de l'Union européenne [less ▲]

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See detailComparative Aspects Nationality Law - Selected Questions
Wautelet, Patrick ULg

Learning material (2009)

These slides were used as support for a course taught in English which provides an overview of the major questions arising in the field of nationality law. The course focuses on acquisition and loss of ... [more ▼]

These slides were used as support for a course taught in English which provides an overview of the major questions arising in the field of nationality law. The course focuses on acquisition and loss of nationality and touches upon other issues such as multiple nationalities and the influence of the European construction on nationality law. All these questions are studied using comparative materials as basis. [less ▲]

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See detailBuitenlands familial statuut en vreemdelingenrecht: het ipr in het verdomhoekje?
Wautelet, Patrick ULg

Conference (2009, November)

This presentation attempts to uncover the influence of migration policy and law on the processes of private international law dealing with cross-border family relationships, using examples from Belgian ... [more ▼]

This presentation attempts to uncover the influence of migration policy and law on the processes of private international law dealing with cross-border family relationships, using examples from Belgian and Dutch practice. [less ▲]

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See detailLe droit de la lutte contre la discrimination dans tous ses états
Wautelet, Patrick ULg

Book published by Anthemis - Collection Commission Université Palais (2009)

This books offers an overview of the scheme put in place with the twin Anti-Discrimination Acts adopted by the Belgian Federal legislator on 10 May 2007. After a general overview of the basic concepts, a ... [more ▼]

This books offers an overview of the scheme put in place with the twin Anti-Discrimination Acts adopted by the Belgian Federal legislator on 10 May 2007. After a general overview of the basic concepts, a detailed analysis of the practical consequences of the antidiscrimination regime is offered in the insurance sector, the housing sector and finally in banking and financial relationships. In a final chapter, some attention is devoted to the specific civil sanctions put in place by the legislator. [less ▲]

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See detailRome I et le consommateur de produits et de services financiers
Wautelet, Patrick ULg

in Revue Européenne de Droit de la Consommation = European Journal of Consumer Law [=REDC] (2009)

In this paper, I review the impact of the Rome I Regulation (Regulation 593/2008) on contracts concluded by consumers in the financial sphere. The Rome I Regulation has introduced some specific provisions ... [more ▼]

In this paper, I review the impact of the Rome I Regulation (Regulation 593/2008) on contracts concluded by consumers in the financial sphere. The Rome I Regulation has introduced some specific provisions dealing with such contracts - both in the general rule dealing with the law applicable when parties have not chosen the law governing their contract (Art. 4) and in the rule dealing with consumer contracts (art. 6). I attempt to determine what is the scope of these various rules, which contracts are governed by these rules and also and most crucially whether these rules provide the consumer a sufficient level of protection when considered together with other relevant rules (such as rules on cross-border jurisdiction of courts). [less ▲]

Detailed reference viewed: 84 (4 ULg)
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See detailDe strijd tegen (schijn)huwelijken voltrokken in het buitenland : is het Belgisch ipr aan een update toe?
Wautelet, Patrick ULg

in Erauw, Johan (Ed.) Nieuw Internationaal Privaatrecht - meer europees, meer globaal (2009)

In this paper, I argue that the current legal framework as it stands offers sufficient means to refuse any effect to a marriage celebrated outside Belgium if it appears that it is a marriage of ... [more ▼]

In this paper, I argue that the current legal framework as it stands offers sufficient means to refuse any effect to a marriage celebrated outside Belgium if it appears that it is a marriage of convenience. There has been much talk of strenghtening and fine tuning the legal framework in order to offer real protection against such foreign sham marriages. A thorough analysis of the law as it stands, and in particular of Article 27 of the Code of Privat International Law reveals that such fine tuning is by no means necessary. Article 27 properly applied already offers sufficient protection against such marriages. The analysis also reveals that in order to refuse effect to foreign marriages of convenience, it is not even necessary to call upon the doctrine of ordre public or of fraus legem, to which Article 27 refers. The application of these two doctrines appears to be very complex and will in most cases not be necessary. [less ▲]

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See detailL'union entre personnes de même sexe s'exporte-t-elle bien?
Wautelet, Patrick ULg

in Revue du Droit des Etrangers [= RDE] (2009), 151

In this case note, an analysis is offered of a decision by a Luxemburg administrative court regarding the recognition in Luxemburg of a same sex marriage celebrated in Belgium. Looking at the larger ... [more ▼]

In this case note, an analysis is offered of a decision by a Luxemburg administrative court regarding the recognition in Luxemburg of a same sex marriage celebrated in Belgium. Looking at the larger picture, some thoughts are offered on how well same sex marriages celebrated in Belgium fare abroad. [less ▲]

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See detailL'ingénierie patrimoniale dans les relations franco-belges : perspective de droit international privé belge
Wautelet, Patrick ULg

in Derème, François (Ed.) Ingénierie patrimoniale. Questions particulières dans un contexte franco-belge (2009)

In this paper I review the possibilities offered by private international rules in force both in Belgium and in France for three selected tools of estate planning : the marriage contract, gift and ... [more ▼]

In this paper I review the possibilities offered by private international rules in force both in Belgium and in France for three selected tools of estate planning : the marriage contract, gift and donation and wills. The purpose is to examine how much freedom the legal framework in place in the two countries offers to private individuals. Specific attention is devoted to the issue of recognition in one country of acts (such as marriage contracts) drafted in the other country. [less ▲]

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See detailConfidentiality and Third Parties in International Commercial Arbitration : Some Preliminary Reflections
Wautelet, Patrick ULg

in Caprasse, Olivier (Ed.) L'arbitrage et les tiers (2008, November)

This paper seeks to review first if there exists a duty of confidentiality in international commercial arbitation and, if yes, what it its scope, nature and limitations. Drawing from this first analysis ... [more ▼]

This paper seeks to review first if there exists a duty of confidentiality in international commercial arbitation and, if yes, what it its scope, nature and limitations. Drawing from this first analysis, this paper also reviews the strenght of the confidentiality argument in relationship with third parties. To that end, the paper examines various scenarios in which third parties may be faced with arbitration proceedings. In order to resolve the difficulties caused by a possible confidentiality duty resting upon the parties, the arbitrators or other parties, the paper reviews various solutions, drawing upon contract law and private international law. [less ▲]

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See detailMariages célébrés à l' étranger : la preuve de la fraude à la loi et le moment de son appréciation
Wautelet, Patrick ULg

in Revue du Droit des Etrangers [= RDE] (2008), 148

In this case note some comments are offered on the delicate application of the doctrine of fraus legem in relation to the recognition in Belgium of a marriage concluded abroad

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See detailQuelques réflexions sur le statut des enfants issus d'une union polygamique
Wautelet, Patrick ULg

in Revue du Droit des Etrangers [= RDE] (2008), 151

In this note some comments are offered on a decision issued by a civil court siting in Charleroi regarding the legal position of children born within a polygamic marriage.

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See detailLes litiges contractuels transfrontaliers – le domaine résiduel du droit international privé : le droit belge
Wautelet, Patrick ULg

in Defossez, Michel; Senechal, Juliette (Eds.) Enforcing contracts. Aspects procéduraux de l'exécution des contrats transfrontaliers en droit européen et international Les litiges contractuels transfrontaliers (2008)

This paper gives a critical overview of the rules of private international law to be found in the Code of Private International Law adopted in Belgium in 2004 in relation to cross-border commercial ... [more ▼]

This paper gives a critical overview of the rules of private international law to be found in the Code of Private International Law adopted in Belgium in 2004 in relation to cross-border commercial contracts. These rules apply in a marginal number of cases due to the priority enjoyed by European rules (such as those found in the Brussels I Regulation and the Rome I Regulation). Nonetheless it is important to analyze whether these rules are well drafted. The analysis reveals serious shortcomings mainly in relation to rules of jurisdiction. On the one hand, the rule pertaining the choice of court agreements gives courts an unnecessary margin of discretion to disregard the agreement of parties. On the other hand, the rule pertaining to the law applicable to agreements, is outdated and based on archaic method of identifying the applicable law. [less ▲]

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See detailVergelijkend nationaliteitsrecht - Belgie vs Nederland
Wautelet, Patrick ULg

Learning material (2007)

This presentation was used as support in teaching a course on comparative Belgian-Dutch Nationality Law. The focus of the course was on the methods and requirements for the acquisition of the nationality ... [more ▼]

This presentation was used as support in teaching a course on comparative Belgian-Dutch Nationality Law. The focus of the course was on the methods and requirements for the acquisition of the nationality. The course was financed by a Chair granted by the Tijdschrift voor Privaatrecht. It was taught at the University of Maastricht in April-May 2007. [less ▲]

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See detailArticle 37 Brussels I Regulation - a Commentary
Wautelet, Patrick ULg

in Mankowski, Peter (Ed.) Brussels I Regulation - a Commentary (2007)

] This is a commentary of one provision to be found in the Brussels I Regulation, i.e. Article 37. The purpose of the commentary is to provide a clear and concise statement of the law, including the case ... [more ▼]

] This is a commentary of one provision to be found in the Brussels I Regulation, i.e. Article 37. The purpose of the commentary is to provide a clear and concise statement of the law, including the case law of the European Court of Justice and of the most important courts of the Member States, in relation to this provision. This version has been published in the first edition of the commentary. A second edition is now available (www.sellier.de). [less ▲]

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See detailCommentary Article 32-33 Brussels I Regulation
Wautelet, Patrick ULg

in Mankowksi, Peter (Ed.) Brussels I Regulation - a Commentary (2007)

This is a commentary of two provisions to be found in the Brussels I Regulation, i.e. Article 32 and Article 33. The purpose of the commentary is to provide a clear and concise statement of the law ... [more ▼]

This is a commentary of two provisions to be found in the Brussels I Regulation, i.e. Article 32 and Article 33. The purpose of the commentary is to provide a clear and concise statement of the law, including the case law of the European Court of Justice and of the most important courts of the Member States, in relation to these two provisions. This version has been published in the first edition of the commentary. A second edition is now available (www.sellier.de). [less ▲]

Detailed reference viewed: 155 (3 ULg)