Full Description
As on 1 January 2020, some three percent of the population of the EU were citizens of one member state living and/or working in the territory of a member state other than that of which they are a citizen. In addition, around five percent of the resident population of the EU consisted of third country nationals. Naturally, these diasporic groups formed cross-border couples consisting of partners of different nationalities or partners of the same nationality both living in a country other than that of their origin. This reality, to be sure, raises many legal questions for the persons involved where the national family laws of several countries come into play. In an effort to bring about added legal certainty and predictability to couples in cross-border situations, the EU adopted several instruments often referred to together as 'EU private international family law'.
This volume examines the two most recent of these: the Matrimonial Property Regulation (Regulation (EU) 2016/1103) and the Regulation on the Property Consequences of Registered Partnerships (Regulation (EU) 2016/1104), together referred to as the 'Twin Regulations'. These have proved to be a crucial piece of the European family law puzzle, regulating aspects of the everyday lives of those concerned. This book presents an in-depth analysis of these instruments, revealing the substance of the provisions in the regulations and exploring their practical implications in EU family law by discussing questions that are closely related to matrimonial and partnership property regimes. The contributors also cover the relevant CJEU case law and, where available, the national case law of the EU countries. Case studies are used to interrogate the potentialities of these new instruments.
This book is a significant contribution to the literature on private international family law in general and on EU matrimonial property regimes in particular. It is addressed to legal professionals as well as academics and law students.
Contents
PART I. SETTING THE SCENE: TOWARDS THE EU RULES ON PROPERTY OF INTERNATIONAL COUPLES. The System of EU Private International Family Law Instruments (p. 3) The Twin Regulations: Development and Adoption (p. 25) PART II. ANATOMY OF THE TWIN REGULATIONS. Main Concepts and Scope of Application of the Twin Regulations (p. 41) Jurisdictional Provisions in the Twin Regulations (p. 71) Applicable Law in the Twin Regulations (p. 101) Recognition, Enforceability and Enforcement of Decisions under the Twin Regulations (p. 129) Authentic Instruments and Court Settlements under the Twin Regulations (p. 157) PART III. THE INTERSECTION BETWEEN THE TWIN REGULATIONS AND OTHER EU AND NATIONAL INSTRUMENTS. Choosing Law and Jurisdiction for Matrimonial Property and Property Consequences of Registered Partnerships: Associated Risks (p. 191) Property Relations of Cross-Border Same-Sex Couples in the EU (p. 219) De Facto Couples: Between National Solutions and European Trends (p. 245) Property Regimes and Land Registers for Cross-Border Couples (p. 269) Succession Regulation, Matrimonial Property Agreements and Inconsistencies Among European Private International Law Rules (p. 293) Miscellaneous Thoughts on Europe, its People and Migration (p. 313)
