APPLICABLE LAW TO INTERNATIONAL ADOPTION IN THE SPANISH ACT 54/2007 (FIRST PART)
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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.
Adopción internacional, costo de transacción, derecho internacional privado, Ley extranjera, reenvío, costes de transacción conflictualesIntercountry Adoption, Transaction Costs, Conflict of Laws, Private International Law, international adoptions, Conflict of Laws rules, transaction costs, favor minoris