Search results for "registered partnership"

showing 6 items of 6 documents

Different approaches to marriage downgrading : from an anti-elusive measure to an antidiscriminatory claim

2021

The essay focuses on the different mechanisms of marriage downgrading. Given the principle of ?cross-border continuity? of statuses, limits to this continuity are sometimes admitted and they are placed through downgrading mechanisms. That can occour in the case of same-sex marriages transcription in a Member State which does not allow such marriages, but which does allow samesex registered partnerships. Downgrading mechanism has an anti-elusive function, but it is not without problems in terms of discrimination on the grounds of sexual orientation. A different approach is taken in the case of an opposite-sex couple requesting the downgrading of their marriage, celebrated before the Member S…

:CIENCIAS JURÍDICAS [UNESCO]cross-border coupleregistered partnershippareja transfronterizadiscriminación. 130 147but which does allow samesex registered partnerships. Downgrading mechanism has an anti-elusive functiondowngradingRoberto The essay focuses on the different mechanisms of marriage downgrading. Given the principle of ?cross-border continuity? of statuseslimits to this continuity are sometimes admitted and they are placed through downgrading mechanisms. That can occour in the case of same-sex marriages transcription in a Member State which does not allow such marriagesbut it is not without problems in terms of discrimination on the grounds of sexual orientation. A different approach is taken in the case of an opposite-sex couple requesting the downgrading of their marriagedegradaciónUNESCO::CIENCIAS JURÍDICAScelebrated before the Member State allowed access to registered partnerships for all sex couples. The element of voluntariness seems to be the prerequisite for a proper anti-discrimination rule FamilyFamiliamatrimonio2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113553 Different approaches to marriage downgrading from an anti-elusive measure to an antidiscriminatory claim Garettouniones registradasmarriagediscrimination.
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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.

:CIENCIAS JURÍDICAS [UNESCO]familiasociedad registradafamilycross-border couple2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113557 The working partner in family enterprise European and national issues Pascucciregistered partnershippareja transfronterizade facto cohabitation.UNESCO::CIENCIAS JURÍDICASFederico 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 criteriashowing the ambiguities and wide areas of shadow left uncovered by the latter. Workerconvivencia de hecho. 196 213Trabajador
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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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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 …

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 Regulationsreglamentos gemelos. 76 109:CIENCIAS JURÍDICAS [UNESCO]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). Howeveracuerdosley aplicableproperty relationsMaría José It is a true and verifiable fact that the family institution has evolved over recent decades in Europe and throughout the worldUNESCO::CIENCIAS JURÍDICAS2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113550 Agreements regarding the property relations of transnational couples and their effects under the application of the twin regulations Cazorla Gonzáleztwin Regulations.relaciones económicaswe try to show you these rules absolute freedom of choice is not granted to the partiesbecause this freedom is conditional. This freedom of choice is limited for several reasons that we analysed in this paper. Cross-border couplesParejas transfronterizasagreementapplicable law
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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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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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