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International Law
versão impressa ISSN 1692-8156
Resumo
CALVO-CARAVACA, Alfonso Luis e CARRASCOSA-GONZALEZ, Javier. APPLICABLE LAW TO INTERNATIONAL ADOPTION IN THE SPANISH ACT 54/2007 (FIRST PART). Int. Law: Rev. Colomb. Derecho Int. [online]. 2010, n.16, pp.415-454. ISSN 1692-8156.
The new Spanish Act 54/2007, dated December 28th 2007, on international adoption has introduced a completely new set of Conflict of Laws rules regarding the constitution of international adoptions by Spanish Courts. Those Conflict of Laws rules rely on the application of the Law of the State whose society is affected by the adoption. This is also the State in which society the person who is adopted is going to live permanently. That way, transaction costs connected with the determination of the applicable Law to international adoptions decrease. Therefore, individuals are favoured and favor minoris is protected by enhancing the constitution of adoptions in an international context.
Palavras-chave : Private International Law; international adoptions; Conflict of Laws rules; transaction costs; favor minoris; Intercountry Adoption; Transaction Costs; Conflict of Laws.