REAL, Avocats à la Cour ARTICLE 1 The guarantees deriving from the institution of a family court judge: between simplification, rapidity and reduction of procedural costs for the family’s best interests The family law reform operated by the Law of 27 June 2018 assigned a number of competences, that may be embraced under […]
ARTICLE REAL, Avocats à la Cour The parental authority reform was becoming essential due to the new forms of parenting and the necessity, repeatedly mentioned by the Constitutional Court, to put the parents on an equal footing and this regardless of their matrimonial status. The legislator indeed observed that the legal provisions that […]
ARTICLE REAL, Avocats à la Cour The family law reform operated by the Law of 27 June 2018 assigned a number of competences, that may be embraced under the concept of « family law », to one single judge, namely the family court judge, hereafter referred to as the « judge ». These competences, initially dispersed […]
ARTICLE REAL, Avocats à la Cour A large number of parents address the consequences of their separation in an agreement in which they will beforehand and by mutual agreement have determined the different terms and conditions regarding notably the exercise of parental authority, the designation of domicile as well as the rights of access […]
ARTICLE REAL, Avocats à la Cour The law of June 27th, 2018, instituting a family court judge, reforming divorce and parental authority, entering into force on November 1st, 2018, considerably amends the legal basis for divorce applications. The former legal grounds on which a divorce application could be based on, namely divorce on […]
ARTICLE REAL, Avocats à la Cour In the Grand Duchy of Luxembourg, every minor is entitled to be represented by a children’s lawyer whose role is to defend the interests of the child, whether in the context of divorce proceedings (summary proceedings or divorce on the merits), before the Guardianship Court or in […]
Article REAL, Avocats à la Cour In the context of a matter handled by the law firm REAL, Avocats à la Cour, the Court of Appeal of and in Luxembourg, by judgment dated 3 May 2018, handed down decisive case law in the field of non-competition clauses, the nature of which is to protect […]
ARTICLE REAL, Avocats à la Cour When the Tribunal d’arrondissement or the Court of Appeal pronounces a criminal sentence, this sentence must subsequently be executed and enforced by the public prosecutor’s office. In fact, the execution of the sentence is a generic expression which covers the execution of the penal sentence, the application of the […]
ARTICLE REAL, Avocats à la Cour On February 8th 2017, the second chamber of the European Court of Justice gave a judgment following a demand for preliminary ruling from the Appeal Court of Paris in a case between the companies “Carrefour Hypermarché SAS” and “ITM Alimentaire International SASU”. In this case, in December 2012, Carrefour […]
ARTICLE REAL, Avocats à la Cour On May 27th 2016, the Luxembourg government presented a new draft legislation reforming most of family law in Luxembourg and at last proposed equal rights for fathers and mothers regarding their parental rights. In this context parental rights can be defined as the set of decisions that have to […]