The legislation of the European Union on family matters is spread over multiple Regulations that regulate relations of a different nature, but that are interconnected in a fragmentary manner, and for which unitary treatment would be convenient. Divorce proceedings, maintenance obligations and matrimonial property regimes have been kept conceptually separate in the framework of European Union law, and have been regulated with different Regulations, which, in their scope, provide for express and mutual exclusions. Nonetheless, in practice these matters are often addressed in the same action for divorce. Issues such as assigning the matrimonial home and the definition of the obligation of one spouse to financially support the other are strongly and substantially connected to the ruling on divorce and to the conditions and reasons that ground that ruling. This article is aimed to analyse whether and at what extent the coordination among the EU family regualions is provided in the EU legislation.
Coordination Among the Objective Connecting Factors in Proceedings on Divorce, Maintenance, Property Regimes and Succession / I. Viarengo (STUDIES IN PRIVATE INTERNATIONAL LAW). - In: Planning the future of cross-border families : a path through coordination / [a cura di] I. Viarengo, F.C. Villata. - Prima edizione. - Oxford : Hart Publishing, 2020. - ISBN 9781509919871. - pp. 233-242
Coordination Among the Objective Connecting Factors in Proceedings on Divorce, Maintenance, Property Regimes and Succession
I. Viarengo
2020
Abstract
The legislation of the European Union on family matters is spread over multiple Regulations that regulate relations of a different nature, but that are interconnected in a fragmentary manner, and for which unitary treatment would be convenient. Divorce proceedings, maintenance obligations and matrimonial property regimes have been kept conceptually separate in the framework of European Union law, and have been regulated with different Regulations, which, in their scope, provide for express and mutual exclusions. Nonetheless, in practice these matters are often addressed in the same action for divorce. Issues such as assigning the matrimonial home and the definition of the obligation of one spouse to financially support the other are strongly and substantially connected to the ruling on divorce and to the conditions and reasons that ground that ruling. This article is aimed to analyse whether and at what extent the coordination among the EU family regualions is provided in the EU legislation.File | Dimensione | Formato | |
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VIARENGO Planning the Future of Cross Border Families, 17.pdf
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