FAŢETELE AUTONOMIEI DE VOINŢĂ ÎN MATERIA EFECTELOR PATRIMONIALE ALE PARTENERIATELOR CIVILE. REGULAMENTUL (UE) 2016/1104
THE FACETS OF THE AUTONOMY OF WILL ON THE PATRIMONIAL EFFECTS OF CIVIL PARTNERSHIP LAW. THE EU REGULATION 2016/1104

Summary/Abstract: EU Regulation 2016/1104 is the first European regulatory act to address the effects of registered partnerships. The act addresses only the patrimonial effects and not the personal effects generated by the relationships between the partners (the Regulation came into force in 2016 and it will apply starting from January 2019). The autonomy of will is valued by the European legislator on two levels: in relation to choosing the law applicable to the partnership and in respect of the designation of the competent jurisdiction to adjudicate possible litigations generated by the partnership. The choice of lex causae gives expression to subjective determination, and the parties have at their disposal options to use specific link points as specified in the text of the Regulation. If the parties do not choose, the rules for the objective determination of the applicable law will apply. As regards the possibility of choosing the competent court, the partners also have the possibility to choose one of the legal options. The preference for a particular court confers exclusive competence, through the attribution clause.

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