„DETERMINAREA SUBIECTIVĂ” A JURISDICŢIEI COMPETENTE. REGIMURILE MATRIMONIALE ŞI PARTENERIATELE ÎNREGISTRATE
„SUBJECTIVE DETERMINATION” OF THE COMPETENT JURISDICTION. MATRIMONIAL REGIMES AND REGISTERED PARTNERSHIPS

Summary/Abstract: Both the law applicable to the legal relation and the court which has jurisdiction can be determined through mediation, by parties' will. The two European Regulations, in the field of matrimonial regimes and of the patrimonial effects of the registered partnerships, continue the legislative work of amplifying the role granted to parties' will, in family private international law. The European texts provide for the express and limiting conditions, which make possible the subjective determination of the court which has international jurisdiction in respect of the matter. The most important way is to choose the forum, which reveals the legislator's intention to relate the jurisdiction and the applicable law. The other two modalities are the conventional extension of competence and the unilateral designation of the competent forum.

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