Abstract

TORRES, Marcos Vinicius. Divorce as an instrument for the circulation of family status in MERCOSUR and in the European Union. Rev. secr. Trib. perm. revis. [online]. 2021, vol.9, n.17, pp.125-141. ISSN 2304-7887.  https://doi.org/10.16890/rstpr.a9.n17.p125.

This work talks about divorce, as an institution that organizes the family status arising from the dissolution of marriage, with a focus on transnational effects in regional integration blocks, where freedom of movement is guaranteed. The article analyses the ruling of divorce, through typical rules of private international law and international legal cooperation means, in the two major blocks that currently exist: MERCOSUR and the European Union. This study is divided according to three main aspects of divorce at a transnational level: jurisdiction, applicable law and recognition and enforcement of foreign decisions. A comparative analysis between the legal regime of divorce in the rules of both blocks is done, with the aim to indicate how MERCOSUR’s rules may benefit from the European experience.

Keywords : Divorce; MERCOSUR; European Union; Freedom of movement; Family status.

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