The common Franco-German matrimonial property regime of the community of surplus
The common Franco-German matrimonial property regime of the community of surplus

Author(s): Konstantin Keller
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Comparative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: agreement; France; Germany; elective matrimonial property regime; surplus; marriage;
Summary/Abstract: On February 4, 2010, Germany and France signed an international treaty that broke new legal ground. The intention of both states was to introduce a new, common elective matrimonial property regime that would apply equally in both countries. This was implemented on 01.05.2013. The provisions of this elective matrimonial property regime are based primarily on the provisions of the statutory German matrimonial property regime, the “statutory matrimonial property regime of the community of surplus”, but also incorporate important elements of French matrimonial property law. Other EU member states can accede to the agreement as well. As a result of this matrimonial property regime, a common substantive law has been created in the contracting states, which has not yet existed in this form in the EU. The intention is to standardize the matrimonial property regimes within Europe.

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