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.
EU Family Regulations; Divorce; Maintenace obligations; Succession; Matrimonial property; obiective connecting factors
Settore IUS/13 - Diritto Internazionale
Settore IUS/14 - Diritto dell'Unione Europea
2020
Book Part (author)
File in questo prodotto:
File Dimensione Formato  
VIARENGO Planning the Future of Cross Border Families, 17.pdf

accesso riservato

Tipologia: Post-print, accepted manuscript ecc. (versione accettata dall'editore)
Dimensione 89.25 kB
Formato Adobe PDF
89.25 kB Adobe PDF   Visualizza/Apri   Richiedi una copia
Pubblicazioni consigliate

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2434/803131
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact