The Law Applicable to Matrimonial Property Regimes From the Perspective of Council Regulation (EU) 2016/1103 of 24 June 2016
The Law Applicable to Matrimonial Property Regimes From the Perspective of Council Regulation (EU) 2016/1103 of 24 June 2016

Summary/Abstract: This article provides a succinct review of the most recently adopted regulation on civil judicial cooperation in the field of matrimonial property regimes with cross-border implications. After a brief, general and historical overview, the study offers some novelty elements of the regulation, exclusively on the law applicable to matrimonial regimes. Among the issues examined are the autonomy of the parties in choosing the law applicable to the matrimonial regime, the substantive and formal conditions of the election agreement, the law applicable in the absence of an agreement, the connecting factors for determining the applicable law, the public policy, the situation of the territorial conflicts, and interpersonal conflicts of laws.

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