Regulation 2016/1103 on matrimonial property regimes and Regulation 2016/1104 on the property consequences of registered partnerships were adopted by the Council of the European Union on 24 June 2016 after several years of discussion. They are the result of enhanced cooperation among 18 Member States. The two measures entered into force on 28 July 2016 and became applicable in their entirety in the Member States participating in the enhanced cooperation on 29 January 2019. The Regulations extend the scope of the body of harmonised rules on private international law that the Union started building 20 years ago, based on the competences relating to judicial cooperation in civil matters. The two measures deal with the financial aspects of family relationships and address the whole set of issues that may arise in that area in situations with a foreign element, namely the issues of jurisdiction, the applicable law and the recognition and enforcement of decisions and authentic instruments. This article-by-article Commentary analyses the provisions of Regulations 2016/1103 and 2016/1104 jointly. Each contribution addresses the corresponding provisions of the two texts. The layout and wording of the two measures are basically the same, and the issues surrounding their interpretation do not substantially differ from one measure to another.

The EU Regulations on the Property Regimes of International Couples / [a cura di] I. Viarengo, P. Franzina. - [s.l] : Elgar Publishing, 2020 Jun. - ISBN 9781788115087. (ELGAR COMMENTARIES IN PRIVATE INTERNATIONAL LAW SERIES)

The EU Regulations on the Property Regimes of International Couples

I. Viarengo
Primo
;
2020

Abstract

Regulation 2016/1103 on matrimonial property regimes and Regulation 2016/1104 on the property consequences of registered partnerships were adopted by the Council of the European Union on 24 June 2016 after several years of discussion. They are the result of enhanced cooperation among 18 Member States. The two measures entered into force on 28 July 2016 and became applicable in their entirety in the Member States participating in the enhanced cooperation on 29 January 2019. The Regulations extend the scope of the body of harmonised rules on private international law that the Union started building 20 years ago, based on the competences relating to judicial cooperation in civil matters. The two measures deal with the financial aspects of family relationships and address the whole set of issues that may arise in that area in situations with a foreign element, namely the issues of jurisdiction, the applicable law and the recognition and enforcement of decisions and authentic instruments. This article-by-article Commentary analyses the provisions of Regulations 2016/1103 and 2016/1104 jointly. Each contribution addresses the corresponding provisions of the two texts. The layout and wording of the two measures are basically the same, and the issues surrounding their interpretation do not substantially differ from one measure to another.
giu-2020
Regulation 2016/1103; matrimonial property regimes; Regulation 2016/1104; property consequences of registered partnerships; private international law; EU family law
Settore IUS/13 - Diritto Internazionale
Settore IUS/14 - Diritto dell'Unione Europea
The EU Regulations on the Property Regimes of International Couples / [a cura di] I. Viarengo, P. Franzina. - [s.l] : Elgar Publishing, 2020 Jun. - ISBN 9781788115087. (ELGAR COMMENTARIES IN PRIVATE INTERNATIONAL LAW SERIES)
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2434/747416
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