Search results for "cross-border couples."
showing 3 items of 3 documents
Property and cross-border couples from the perspective of European regulation
2021
The family property regimes constitute a relevant sector of the EU regulatory framework strongly connected with fundamental rights policies. Family property offers specific issues which need to balance individual rights with general interests, especially in matter of real estate property. The fragmentation of the discipline in EU Family law, the diversity of the domestic rules regarding rights in rem requires a large use of flexibility from EU legislator and EU legal professionals. The discipline provides by EU Regulations 1103 and 1104/2016 could be an interesting example to manage cross-border couple?s interests: the principles of universality and unity have to be used appropriately and, …
The working partner in family enterprise : European and national issues
2021
The essay focuses on the discipline of the work done by one partner in the company of the other in cross-border couples and on the problems involved in this case. More specifically the focus is on the hermeneutical problems that arise both at the level of European legislation and at the level of Italian national discipline which is applicable according to European conflict criteria, showing the ambiguities and wide areas of shadow left uncovered by the latter.
Agreements regarding the property relations of transnational couples and their effects under the application of the twin regulations
2021
It is a true and verifiable fact that the family institution has evolved over recent decades in Europe and throughout the world, but not uniformly or at the same time. This is because it is influenced by social and cultural connotations specific to each State. All of which are respected under EU Regulations 2016/1103 and 2016/1104. This work analyses the Twins Regulations, that gives the couples the possibility of choosing the jurisdiction (art. 7) and applicable legal system underpinning the property consequences of the marriage and registered partnerships (art. 22.1). However, we try to show you these rules absolute freedom of choice is not granted to the parties, because this freedom is …