Entries by mreal

The family law reform instituting the principle of joint parental authority: the pursuit of equality for all the parents independently of their legal status

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 […]

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

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 […]

Another innovation of the Law of 27 June 2018 : Accreditation ; a pledge of security for the parties in order for their agreements to be executed

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 […]

The law of 27 June 2018 reforming family law: Introduction of an accelerated procedure concerning divorce for irremediable break down of relationships

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 […]

A reversal of the current system operated by the Bill of law of 28 March 2018: the maintenance of parents’ parental authority in the event of the legal placement of their child

  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 […]

Draft Law on the execution of criminal sentences: Will Luxembourg’s criminal justice system finally have a judge specifically dedicated to the enforcement of sentences?

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 […]

Mass distribution and the battle of prices : Is comparative advertising on price between different sized companies legal?

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 […]