Remarks on the EU regulation of 24 June 2016 in matters of matrimonial property regimes
Remarks on the EU regulation of 24 June 2016 in matters of matrimonial property regimes

Summary/Abstract: The article is devoted to an analysis of EU regulation 2016/1103 of 24 June 2016 in matters of matrimonial property regimes. It starts with a description of perturbations that emerged during the preparation of the regulation and led to the need for proceeding by way of enhanced cooperation. This part of the paper presents the official position adopted by Poland towards the regulation. The section that follows discusses the notion of matrimonial property regime within the meaning used in the regulation. In doing so, it addresses the issue of doubts accompanying the qualification of the obligation to participate in satisfying family needs and donations inter vivos between spouses. This is followed by presentation and evaluation of solutions adopted within the framework of particular conflict rules. Special attention in this regard is paid to the issue of the choice of law’s effect over time. With respect to the rules that determine applicable law in the event of absence of a choice of law, the article concentrates on a solution consisting in petrification of applicable law and the possibility of breaking it. The final part is devoted to the scope of application of the law applicable to the matrimonial property regime. Here, the solution concerning the material validity of matrimonial property agreement and the effects of the matrimonial property regime on a legal relationship between a spouse and third parties is evaluated.

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