About predictability in the consolidated cooperation. From Rome III to matrimonial regimes and registered partnerships Cover Image
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Despre previzibilitate în cooperarea consolidată. De la Roma III la regimuri matrimoniale şi parteneriate înregistrate
About predictability in the consolidated cooperation. From Rome III to matrimonial regimes and registered partnerships

Author(s): Călina Jugastru
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: judicial cooperation; Rome III; Regulation (EU) 2016/1103; Regulation (EU) 2016/1104; conflicts of laws; international jurisdiction; predictability; achievement tools;

Summary/Abstract: Those three consolidated forms in the field of family relationships date back to the years 2010 and 2016. If Rome III (2010) is dedicated to the conflicts of laws, the Regulations “matrimonial regimes” and “registered partnerships” (2016) approach both the applicable law, and the jurisdiction and the efficiency of foreign judgements. Predictability is the exigence declared in the recitals of each Regulation, and the tools of its materialization are outlined in 2010 and stabilized in 2016. There are common notes and difference elements, as the legislator understands to adapt to the specific nature of the institutions (marriage, civil partnership), in order to identify optimal solutions, on both examined pillars (applicable law, international jurisdiction). The most interesting aspects of the predictability tool are associated to the autonomy of will and to the connecting factors, whose part is to ensure and consolidate the predictability in the cross border legal circuit. The analysis aims at the conflicts of law and jurisdiction, in each matter present in the consolidated forms: international matrimonial procedures, matrimonial regimes, patrimonial effects of the registered partnerships.

  • Issue Year: 2019
  • Issue No: 1-2
  • Page Range: 219-251
  • Page Count: 33
  • Language: Romanian