DESPRE PREVIZIBILITATE. ACCENTE GENERALE ÎN REGIMUL ECONOMIC DE CUPLU (DREPT EUROPEAN)
ABOUT PREDICTABILITY. GENERAL ACCENTS IN THE COUPLE ECONOMIC REGIME (EUROPEAN LAW)

Summary/Abstract: As European regulations (directly and priority applicable in the Member States) multiply, predictability and legal certainty are of particular importance and become guarantees of the stated objectives. The regulations „matrimonial regimes” and „registered partnerships” make „waste” of texts, the predictability being a declared objective, with specific tools for implementation. The study addresses the general issue of predictability, in the context of recent regulations regarding the patrimonial regime of couples. Regulation (EU) 2016/1103 and Regulation (EU) 2016/1104, adopted in 2016 and applicable from January 29, 2019, contain provisions „in the mirror”, the particularities due to the source institutions (marriage and civil partnership) are inherent. Regarding the predictability, its complexity allows to talk about a „general part” or a general theory, which crosses the aspects of unification and autonomy of will (the last, in the context of the applicable law and of the competent jurisdiction). Then, in a „special part” (which deserves a distinct analysis), the detail of the linking factors and the conflicts of laws prove whether and to what extent the intentions of the European legislator resonate with the expectations of predictability.

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