Trends of Uniformity of the Property Matrimonial Regimes Provisions in the European Union Cover Image

Trends of Uniformity of the Property Matrimonial Regimes Provisions in the European Union
Trends of Uniformity of the Property Matrimonial Regimes Provisions in the European Union

Author(s): Nadia-Cerasela Aniţei
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: matrimonial property regimes; registered partnerships that refer both to the spouses; "Europeanisation" of the private international law

Summary/Abstract: The European Commission acknowledged the need to find modern solutions regarding the conflicts of law in matters concerning the matrimonial regimes by presenting on July 17, 2006 the Green Paper on Conflict of Laws in Matters concerning Matrimonial Property Regimes, including the question of Jurisdiction and Mutual Recognition. Therefore, the Commission announced, as a way to remedy this situation, the adoption in 2011 of a proposal of a legislative instrument that would allow international couples (spouses or registered partners) to learn more easily, about the courts that are competent and about the law which applies to their property rights. Following discussions, the European Commission conducted a common impact analysis that led to the development of two proposals as a result of the registered partnership and marriage particularities and of the various legal consequences that these forms of union produce.

  • Issue Year: II/2013
  • Issue No: 1
  • Page Range: 53-70
  • Page Count: 18
  • Language: English