Search results for "property regimes"

showing 5 items of 5 documents

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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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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Jurisdiction in cases of divorce, legal separation or marriage annulment

2021

The subject of coordination is fundamental for the functioning of jurisdictional rules of the Regulation n.2016/1103 on matrimonial property regimes and Regulation n.2016/1104 on the property consequences of registered partnerships. Both Property Regimes Regulations have the purpose of gathering litigation before the courts of one Member State and have the related procedures managed by the courts of the same Member State. Recital 34 of Regulation No. 2016/1103 specifies that matters of matrimonial property regime related to proceedings pending before the court of a member state hearing an application for divorce, legal separation or marriage annulment should be dealt with by the courts of t…

legal separation or marriage annulmentlegal separation or marriage annulment Calabresethe concentration of jurisdiction should not be allowed without the spouses? agreement?. Unfortunatelyinternational familiesthe purpose of concentrating the proceedings is not always met. The Eu system of private international law in family matters has gradually extended its terms of reference from divorce and legal separation to the financial aspects of family lifeat least for the Member States that will take part in the enhanced cooperation. Nonethelessdivorcefamilias internacionaleslegal separation or marriage annulment may only be based on specific grounds of jurisdiction. In such casesjurisdictionlegal separation or marriage annulment should be dealt with by the courts of that Member Statepractically these topics are often addressed in the same action for divorce. Issues such as assigning the matrimonial homeit seems reasonable and in the parties? interests to have divorce and the related financial aspects handled by the same court. Coordinationconcentración de procedimientosCoordinacióndivorcioprocedimientos relacionados?unless the jurisdiction to rule on the divorceacuerdos 52 63:CIENCIAS JURÍDICAS [UNESCO]Cinzia The subject of coordination is fundamental for the functioning of jurisdictional rules of the Regulation n.2016/1103 on matrimonial property regimes and Regulation n.2016/1104 on the property consequences of registered partnerships. Both Property Regimes Regulations have the purpose of gathering litigation before the courts of one Member State and have the related procedures managed by the courts of the same Member State. Recital 34 of Regulation No. 2016/1103 specifies that matters of matrimonial property regime related to proceedings pending before the court of a member state hearing an application for divorceagreements.UNESCO::CIENCIAS JURÍDICASand to the conditions and reasons that ground that ruling. The need to coordinate between the EU instruments becomes apparent because spouses litigate over the financial consequences of divorce. As a result2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113548 Jurisdiction in cases of divorcerelated procedurescompetenciaand the definition of the obligation of one spouse to support the other financially are strongly and substantially connected to the ruling on divorceconcentrating proceedingsseparación legal o anulación matrimonial
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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, …

:CIENCIAS JURÍDICAS [UNESCO]familia2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113561 Property and cross-border couples from the perspective of European regulation RuggerifamilyLucia 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 intereststhe best solution is ?retraction? and ?adaptation? of domestic legal framework. Propertythe principles of universality and unity have to be used appropriately and [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]régimen económicoespecially in matter of real estate property. The fragmentation of the discipline in EU Family lawparejas transfronterizas. 252 273property regimescross-border couples.UNESCO::CIENCIAS JURÍDICASPropiedadthe 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 andin some case
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Jurisdiction by connection and proper administration of justice under eu regulations 1103/2016 and 1104/2016

2021

The author analyses the rules of jurisdiction by connection set by Articles 4 and 5 of Regulations No. 1103 and 1104 of 2016 in matters of property regimes of transnational couples, taking into account the objective of proper administration of justice pursued within EU Civil judicial cooperation. The Twin Regulations provide for appropriate procedural tools to facilitate concentration of jurisdiction before the courts of the same Member State, establishing an important role for the choice-of-court agreement, especially where property regime issues arise in connection with a matrimonial case or a partnership dissolution case. As we wait for the implementation of these rules by national and E…

:CIENCIAS JURÍDICAS [UNESCO]related actions 148 163establishing an important role for the choice-of-court agreementley de sucesiones2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113554 Jurisdiction by connection and proper administration of justice under eu regulations 1103/2016 and 1104/2016 Pía Gasperiniproperty regimesJurisdictionfamily lawtaking into account the objective of proper administration of justice pursued within EU Civil judicial cooperation. The Twin Regulations provide for appropriate procedural tools to facilitate concentration of jurisdiction before the courts of the same Member StateUNESCO::CIENCIAS JURÍDICASMaría The author analyses the rules of jurisdiction by connection set by Articles 4 and 5 of Regulations No. 1103 and 1104 of 2016 in matters of property regimes of transnational couplesregímenes económicosthe author also explores some possible drawbacks they may present. Competencialey de familiaespecially where property regime issues arise in connection with a matrimonial case or a partnership dissolution case. As we wait for the implementation of these rules by national and European courtsacciones relacionadas.succession law
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