Search results for " applicable law"

showing 4 items of 4 documents

Pre-marital and pre-unional financial agreements and their circulation in the context of the new EU regulations 2016/1103 and 2016/1104

2021

Regulations (EU) 2016/1103 and 2016/1104 provide spouses and partners with the possibility to conclude agreements for the organization of their property regime but do not detail their content and structure. Moreover, while the possibility to conclude those agreements even prior to the marriage or the conclusion of a registered partnership is a valuable innovation in comparison with other European Regulations in family matters, some choices made by the European legislator on applicable law will likely be source of inconveniences. Furthermore, as for their recognition and enforcement in the participating Member States ? which will be based on the same rules enacted for decisions, authentic in…

:CIENCIAS JURÍDICAS [UNESCO]reglamentos UE 34 51where the jurisprudence of the Supreme Court is steadily opposed to their acceptance. : Pre-marital agreementswhile the possibility to conclude those agreements even prior to the marriage or the conclusion of a registered partnership is a valuable innovation in comparison with other European Regulations in family mattersPablo D. Regulations (EU) 2016/1103 and 2016/1104 provide spouses and partners with the possibility to conclude agreements for the organization of their property regime but do not detail their content and structure. Moreoversome choices made by the European legislator on applicable law will likely be source of inconveniences. FurthermoreEU regulationsacuerdos previos a la convivencialike ItalyUNESCO::CIENCIAS JURÍDICASas for their recognition and enforcement in the participating Member States ? which will be based on the same rules enacted for decisionsand court settlements ? attention should be paid to their admissibility in some of themAcuerdos prematrimoniales2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113547 Pre-marital and pre-unional financial agreements and their circulation in the context of the new EU regulations 2016/1103 and 2016/1104 BrunoPre-marital agreements [where the jurisprudence of the Supreme Court is steadily opposed to their acceptance.]authentic instrumentspre-unional agreements
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Appeal against the Decision on the Application for a Declaration on enforceability. Procedure to Contest the Decision Given on Appeal. Refusal or Rev…

2016

Lo scritto è un commento agli articoli da 50 a 58 del Regolamento n. 650 del 2012 del Parlamento Europeo e del Consiglio del 4 luglio 2012, relativo alla competenza, alla legge applicabile, al riconoscimento e all’esecuzione delle decisioni e all’accettazione e all’esecuzione degli atti pubblici in materia di successioni e alla creazione di un certificato successorio europeo. Lo scritto affronta i temi relativi alla impugnazione avverso la decisione emessa in seguito alla istanza per il riconoscimento delle sentenze e dei provvedimenti stranieri nelle materie oggetto del regolamento; il procedimento per impugnare le sentenza emesse in seguito all'appello; il rifiuto o la revoca del riconosc…

EU Regulation No 650/2012 on jurisdiction applicable law recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession - Decision given in a Member State - Enforceability - Procedure to Contest the Decision on EnforceabilitySettore IUS/15 - Diritto Processuale CivileRegolamento n. 650 del 2012 del Parlamento Europeo e del Consiglio del 4 luglio 2012 relativo alla competenza alla legge applicabile al riconoscimento e all’esecuzione delle decisioni in materia di successioni - Decisioni rese in altri Stati membri - Esecutività - Procedimenti per contestare la decisione emessa sulla istanza per il riconoscimento delle sentenze e dei provvedimenti stranieri
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Party autonomy regarding jurisdiction under the property regimes regulations

2021

The main accomplishment of the Property Regimes Regulations lies in their bringing more coherence into the cross-border family law adjudication. In the field of international jurisdiction, they strive to align the competence in couples? patrimony disputes to that in succession and in separation proceedings, or else to align the competence of the courts to the applicable law. These tendencies are clearly visible in the Regulations? provisions on choice of court agreements. Namely, the Regulations allow for such agreements, but severely limit parties? choice and the possible effects of these clauses. When succession or separation proceedings are pending, it is often only possible to institute…

party autonomy.registered couples? propertyit is often only possible to institute patrimonial disputes at the same court as the said proceedings. When proceedings concerning matrimonial or registered partners? property are initiated without previously pending succession or divorce proceedingshoweveror else to align the competence of the courts to the applicable law. These tendencies are clearly visible in the Regulations? provisions on choice of court agreements. Namelyanalogy with other EU regulations and the CJEU case-law can be of help. The critical eye of the doctrine isrégimen económico-matrimonialRegulation 1104/2016mainly cast on the unpredictable fate of the choice of court agreements under the Regulations. The paper analyses the complex regulation of the choice-ofcourt agreements in the Property Regimes Regulationsautonomía de parte. 274 291draws attention to open questions and provides possible answers. Choice-of-court agreementjurisdictionmatrimonial propertybut severely limit parties? choice and the possible effects of these clauses. When succession or separation proceedings are pendingthey strive to align the competence in couples? patrimony disputes to that in succession and in separation proceedings:CIENCIAS JURÍDICAS [UNESCO]parties can avail themselves of a fairly limited list of options to choose a court from. The Regulations leave several questions regarding choice of court agreements unanswered. Oftenjurisdicciónthe Regulations allow for such agreementsAcuerdo de elección del fororégimen de parejas registradasor else when the necessary consent to the joinder is not given2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113562 Party autonomy regarding jurisdiction under the property regimes regulations Kramberger ?kerlJerca The main accomplishment of the Property Regimes Regulations lies in their bringing more coherence into the cross-border family law adjudication. In the field of international jurisdictionReglamento 1103/2016UNESCO::CIENCIAS JURÍDICASRegulation 1103/2016Reglamento 1104/2016
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The role of the agreement as a tool for management of property relations in cases of cross border marriages and civil unions/partnerships registered …

2021

The essay examines the role of the agreement as a tool for managing property relationships in crossborder marriages and registered partnerships, in light of EU Regulations 1103 and 1104 of 2016, on the property regimes of international married or registered couples. The main prerogative of such acts is the recognition of the parties? freedom to choose the court and the applicable law. The law governing the matrimonial property regimes, or the property consequences of registered partnerships, has universal scope. This agreement in the form envisaged, which is backed by the need for legal certainty and predictability of the applicable rules, means that the spouses, in family problems which ha…

with reference to the ?applicable law?and of common law systems which give effect to a moderate interpretation of the will of the courts. Go away. Cross-border marriages and registered partnershipsthe hard base on which the contractual structure provided for in the Regulation is builthas universal scope. This agreement in the form envisagedMatrimonios y parejas registradas trasfronterizaswhich strengthens the objectives of both civil law systemsmeans that the spousesautonomía contractual. 242 251which is backed by the need for legal certainty and predictability of the applicable rulesboth explicitly and implicitly. Thusare faced with a uniform system of rules on ?conflict? which can resolve them. Thereforeforo y ley aplicableor the property consequences of registered partnershipswhich open the way to a moderate interpretation of general clauses by the courts:CIENCIAS JURÍDICAS [UNESCO]Maria Gabriella The essay examines the role of the agreement as a tool for managing property relationships in crossborder marriages and registered partnershipsthe court and the applicable lawuniform systemcontractual autonomy.2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113560 The role of the agreement as a tool for management of property relations in cases of cross border marriages and civil unions/partnerships registered under the EU regulations nr. 1103 and 1104/2016. Rossisistema uniformein family problems which have cross-border implicationsUNESCO::CIENCIAS JURÍDICASthe contractual autonomy in this provision appears to be the first point of connection between the different systemson the property regimes of international married or registered couples. The main prerogative of such acts is the recognition of the parties? freedom to choose the court and the applicable law. The law governing the matrimonial property regimesRegulation 1103 provides ample scope for contractual autonomyin light of EU Regulations 1103 and 1104 of 2016
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