Elena D'Alessandro

European states system and marriages annulled by religious tribunals: The case Sahyouni

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Abstract

The paper deals with the recognition of religious decisions on marriage cases. Whereas judgments of nullity of marriage rendered by ecclesiastical tribunals are recognized in Italy and within the European Union as if they were Member State judgments, is not clear whether divorce decrees pronounced by other religious tribunals can circulate within Europe. In that respect, a recent CJEU’s judgment has clarified that the Rome III Regulation does not deal with recognition of divorces pronounced by religious tribunals.

Keywords

  • Religious tribunals
  • Divorce
  • Recognition and enforcement

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