The EU Regulations on Matrimonial and Patrimonial Property
LAGARDE Paul , BERGQUIST Ulf , DAMASCELLI Domenico , FRIMSTON Richard , REINHARTZ Barbara
Description du produit
- Catégories: DROIT EUROPÉEN, Droit des enfants et droit de la famille
- Editeur: OUP - Oxford University Press
- ISBN: 9780198826552
- Date de publication: 31/01/2019
- Reliure : Relié
- Nombre de page : 432
- Langue: Anglais
Résumé
Today there are no common international rules as to which state's law
shall be applied when a married couple have connections with more than
one state e.g. British citizens living in France. Each state has its own
so called private international law rules (PIL), leading to conflicts
of laws. There are no common rules as to which court has jurisdiction
and Court decisions are normally not recognized in other states.
Since,
today millions of people live in a state other than their state of
citizenship or have assets in states other than where they are living,
the EU has seen the urgent need for an EU-Regulation on matrimonial
property and a parallel Regulation for registered partners. The
Regulation does not provide any common material matrimonial law in the
EU, but common PIL that sets out which state's matrimonial law shall be
applied, which state's court shall have jurisdiction and that court
decisions in one state shall be recognized and enforceable in other EU
states.
This volume is an article-by-article commentary on the
Regulations which have been adopted by the EU Council on June 24th 2016
and will come into force on January 29th 2019.
Table des matières
Introduction
1: Scope and definitions
2: Jurisdiction
3: Applicable Law
4: Recognition, enforceability and enforcement of decisions
5: Authentic instruments and court decisions
6: General and final