Residence in the Context of the Economic Regime of Spouses and Partners Cover Image
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Reşedinţa obişnuită în contextul regimului economic al soţilor şi partenerilor
Residence in the Context of the Economic Regime of Spouses and Partners

Author(s): Călina Jugastru
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Regulation (EU) 2016/1103; Regulation (EU) 2016/1104; economic regime; international couples; spouses, partners; liaison factors; habitual residence; conflicts of laws; conflicts of jurisdiction;

Summary/Abstract: The inventory of the linking factors in private international law is reviewed, under the rule of European regulations. The prevalence of spatial location factors is evident, in the matter of the patrimonial status of the spouses and partners. The domicile is non existent in the European regulation of matrimonial property regimes and of the patrimonial effects of the registered partnerships. The main role rests with the ordinary residence, a notion of fact (and, at the same time, the factor of location in space of the natural person) whose ascent is worth pursuing (sometimes in combination with the will of the will). Conflicts of law and also jurisdictional jurisdiction benefit from the application of ordinary residence, as the main point of connection. Along with this, in the subsidiary (and in a negligible quantity), the citizenship and the place of creation or the place of registration of the partnership are regulated.

  • Issue Year: 2019
  • Issue No: 02
  • Page Range: 21-31
  • Page Count: 11
  • Language: Romanian