References of "Wautelet, Patrick"
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See detailLe contrat de franchise - aspects internationaux
Wautelet, Patrick ULg

in Revue Internationale de Droit Privé [=Revue@dipr.be] = Tijdschrift voor Internationaal Privaatrecht [=Tijdschrift@ipr.be] (2011), 10(2), 102-139

This paper offers a review of the main private international law issues arising from cross-border franchise relationships, with a focus on drafting issues. The paper first reviews the issues linked to ... [more ▼]

This paper offers a review of the main private international law issues arising from cross-border franchise relationships, with a focus on drafting issues. The paper first reviews the issues linked to dispute resolution, emphasizing the need to provide dispute resolution provision in the agreement. It then turns to the rules relevant in case of dispute, with a focus on the potential impact of certain mandatory rules. In a final section, the paper discusses the process of determining which law applies to a cross-border franchise agreement in the absence of a choice of law by the parties. [less ▲]

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

Learning material (2010)

These slides were used as support for a course taught in English (in 2010) which provides an overview of the major questions arising in the field of nationality law. The course focuses on acquisition and ... [more ▼]

These slides were used as support for a course taught in English (in 2010) 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 ▲]

Detailed reference viewed: 47 (1 ULg)
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See detailPartenariats, cohabitation légale et autres relations de vie commune
Wautelet, Patrick ULg

in Wautelet, Patrick (Ed.) Relations familiales internationales - l'actualité vue par la pratique (2010)

In this paper, I offer an overview of the main questions which arise in relation with the so-called 'new forms' of marriage (such as same sex marriage and partnership), looking specifically at cross ... [more ▼]

In this paper, I offer an overview of the main questions which arise in relation with the so-called 'new forms' of marriage (such as same sex marriage and partnership), looking specifically at cross-border situations. An attempt is made to determine who has access to such legal relationships in Belgium, what are the consequences of such relationships in mixed relations and whether the newly created institutions are duly recognized as such abroad. [less ▲]

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See detailLa filation biologique
Wautelet, Patrick ULg

in Wautelet, Patrick (Ed.) Relations familiales internationales - l'actualité vue par la pratique (2010)

In this paper, I attempt to offer an overview of the main rules under Belgian law which deal with the establishment and the challenge of filiation links (parent-children relationship). This is done using ... [more ▼]

In this paper, I attempt to offer an overview of the main rules under Belgian law which deal with the establishment and the challenge of filiation links (parent-children relationship). This is done using 5 practical cases (inspiration for which has been found in practice and court reports) going from the most classic to more sophisticated situations. Some attention is also devoted to recent issues such as the consequences of using surrogacy arrangements with foreign mothers. [less ▲]

Detailed reference viewed: 180 (7 ULg)
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See detailRelations familiales internationales - l'actualité vue par la pratique
Wautelet, Patrick ULg

Book published by Anthemis - Collection Commission Université Palais (2010)

This book which is the result of the joint efforts of 5 young authors who combine academic expertise with practical experience of international family law disputes, takes a practical approach to the most ... [more ▼]

This book which is the result of the joint efforts of 5 young authors who combine academic expertise with practical experience of international family law disputes, takes a practical approach to the most common international family law issues which may arise in Belgium. Looking at recent case law and developments in both the EU and the Hague Conference, the book offers students, practitioners and interested readers insight into the cross-border relationships between spouses and partners and between parents and children. In order to offer the reader the most practical information, the book is framed around 50 practical cases, inspired by case law and the practical experience of the authors. These cases are discussed with a view to outline the reasoning which must be followed to determine which court has jurisdiction, which law will apply and how to cope with a foreign judgment. Among the issues discussed by the authors are child abduction, cross-border adoption, foreign surrogacy agreements, recognition of foreign repudiation. In analyzing these issues, the authors take into account the latest case law on international instruments such as the Brussels IIbis Regulation and various Hague Conventions. [less ▲]

Detailed reference viewed: 95 (5 ULg)
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See detail'Securities litigation' – questions de droit international privé
Wautelet, Patrick ULg

Conference (2010, April)

Cette présentation, destinée à un événement privé, tente d'offrir une synthèse des règles de droit international privé pertinentes dans le contexte des litiges intéressant les marchés financiers. L'accent ... [more ▼]

Cette présentation, destinée à un événement privé, tente d'offrir une synthèse des règles de droit international privé pertinentes dans le contexte des litiges intéressant les marchés financiers. L'accent est mis en particulier sur les litiges relatifs aux offres de titres. Les questions classiques de droit international privé (compétence internationale, droit applicable) sont étudiées en prenant appui sur les règles européennes de droit international privé. La perspective choisie est celle d'une application en Belgique de ces règles. La perspective se veut pédagogique plus que scientifique. [less ▲]

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Peer Reviewed
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 ▲]

Detailed reference viewed: 55 (2 ULg)
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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: 61 (3 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 ▲]

Detailed reference viewed: 52 (5 ULg)
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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 ▲]

Detailed reference viewed: 89 (1 ULg)
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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 ▲]

Detailed reference viewed: 48 (2 ULg)
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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 ▲]

Detailed reference viewed: 23 (5 ULg)
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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 ▲]

Detailed reference viewed: 60 (7 ULg)
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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: 85 (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 ▲]

Detailed reference viewed: 72 (3 ULg)
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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 ▲]

Detailed reference viewed: 213 (4 ULg)