The EU regulations on the property regimes of international couples : a commentary / edited by Ilaria Viarengo, Pietro Franzina.

Format:

Book

Contributor:

Edward Elgar Publishing, publisher.

Viarengo, Ilaria, editor.

Franzina, Pietro, editor.

Series:

Elgar commentaries in private international law

Language:

English

Subjects (All):

Intercountry marriage--Europe.

Intercountry marriage.

European Union countries.

Council of the European Union. Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes.

Council of the European Union.

Council of the European Union. Council Regulation (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships.

Genre:

Law commentaries.

Physical Description:

1 online resource (608 pages).

Place of Publication:

Northampton : Edward Elgar Publishing, 2020.

Summary:

"This article-by-article Commentary on EU Regulations 1103/2016 and 1104/2016 critically examines the uniform rules adopted by the EU to deal with the property relations of international couples, both married and in registered partnerships. It offers a comprehensive side-by-side discussion of the two Regulations to provide context and a deeper understanding of the issues of jurisdiction, applicable law and recognition of judgements covered. Written by experts from a variety of European countries, this Commentary draws on scholarship and practice from a number of EU states to enrich its analysis and explore pertinent questions of jurisprudence. It also highlights the close relationship of the Regulations with other legislative measures of the EU in the field of private international law, such as on matters of succession and matrimonial matters. This Commentary will be a crucial reference source for practitioners working as family litigation lawyers, estate planning lawyers and notaries. It will also be of interest to scholars and other practitioners working in the field of private international law"-- Provided by publisher.

Contents:

Contents: Preface

General Introduction

1. Pietro Franzina and Ilaria Viarengo

chapter I. Scope and definitions

Introduction / by Pietro Franzina

article 1. Scope 17 / Comment by Andrés Rodríguez Benot

article 2. Competence in matters of matrimonial property regimes [of property consequences of registered partnerships] within the member states / Comment by Silvia Marino

article 3. Definitions / Comment by Andrés Rodríguez Benot

chapter II. Jurisdiction

Introduction / by Andrea Bonomi

article 4. Jurisdiction in the event of the death of one of the spouses [partners] / Comment by Andrea Bonomi

article 5. Jurisdiction in cases of divorce, legal separation or marriage annulment [in cases of dissolution or annulment] / Comment by Ilaria Viarengo

article 6. Jurisdiction in other cases / Comment by Pietro Franzina

article 7. Choice of court / Comment by Pietro Franzina

article 8. Jurisdiction based on the appearance of the defendant / Comment by Sabine Corneloup

article 9. Alternative jurisdiction / Comment by Pietro Franzina

article 10. Subsidiary jurisdiction / Comment by Pietro Franzina

article 11. Forum necessitatis / Comment by Giacomo Biagioni

article 12. Counterclaims / Comment by Giacomo Biagioni

article 13. Limitation of proceedings / Comment by Pietro Franzina

article 14. Seising a court 137 / Comment by Pietro Franzina

article 15. Examination as to jurisdiction / Comment by Pietro Franzina

article 16. Examination as to admissibility / Comment by Pietro Franzina

article 17. Lis pendens / Comment by Csongor István Nagy

article 18. Related actions 166 / Comment by Csongor István Nagy

article 19. Provisional, including protective, measures comment by lidia sandrini

chapter iii. Applicable law

article 20. Universal application / Comment by Dieter Martiny

article 21. Unity of the applicable law / Comment by Dieter Martiny

article 22. Choice of the applicable law / Comment by Christian Kohler

article 23. Formal validity of the agreement on a choice of applicable law / Comment by Christian Kohler

article 24. Consent and material validity / Comment by Christian Kohler

article 25. Formal validity of a matrimonial [partnership] property agreement / Comment by Pietro Franzina

article 26. Applicable law in the absence of choice by the parties / Comment by Dieter Martiny

article 27. Scope of the applicable law / Comment by Janeen M. Carruthers

article 28. Effects in respect of third parties / Comment by Janeen M. Carruthers

article 29. Adaptation of rights in rem / Comment by Patrick Wautelet

article 30. Overriding mandatory provisions / Comment by Martin Gebauer

article 31. Public policy (ordre public) / Comment by Martin Gebauer

article 32. Exclusion of renvoi / Comment by Martin Gebauer

article 33. States with more than one legal system - territorial conflicts of laws / Comment by Beatriz Campuzano Díaz

article 34. States with more than one legal system - inter-personal conflicts of laws / Comment by Beatriz Campuzano Díaz

article 35. Non-application of this regulation to internal conflicts of laws / Comment by Beatriz Campuzano Díaz

chapter iv. Recognition, enforceability and enforcement of decisions

article 36. Recognition / Comment by Pietro Franzina

article 37. Grounds of non-recognition / Comment by Gilles Cuniberti

article 38. Fundamental rights / Comment by Martin Gebauer

article 39. Prohibition of review of jurisdiction of the court of origin / Comment by Carola Ricci

article 40. No review as to substance / Comment by Csongor István Nagy

article 41. Staying of recognition proceedings / Comment by Elena D'Alessandro

article 42. Enforceability / Comment by Gilles Cuniberti

article 43. Determination of domicile / Comment by Jacopo Re

article 44. Jurisdiction of local courts / Comment by Jacopo Re

article 45. Procedure / Comment by Elena D'Alessandro Article 46 Non-production of the attestation / Comment by Elena D'Alessandro

article 47. Declaration of enforceability / Comment by Elena D'Alessandro

article 48. Notice of the decision on the application for a declaration of enforceability / Comment by Elena D'Alessandro

article 49. Appeal against the decision on the application for a declaration of enforceability / Comment by Elena D'Alessandro

article 50. Procedure to contest the decision given on appeal / Comment by Elena D'Alessandro

article 51. Refusal or revocation of a declaration of enforceability / Comment by Gilles Cuniberti

article 52. Staying of proceedings / Comment by Elena D'Alessandro

article 53. Provisional, including protective, measures / Comment by Lidia Sandrini

article 54. Partial enforceability / Comment by Gilles Cuniberti

article 55. Legal aid / Comment by Csongor István Nagy

article 56. No security, bond or deposit / Comment by Csongor István Nagy

article 57. No charge, duty or fee / Comment by Csongor István Nagy

chapter v. Authentic instruments and court settlements

article 58. Acceptance of authentic instruments / Comment by Pietro Franzina

article 59. Enforceability of authentic instruments / Comment by Pietro Franzina

article 60. Enforceability of court settlements / Comment by Gilles Cuniberti

chapter VI. General and final provisions

article 61. Legalisation and other similar formalities / Comment by Csongor István Nagy

article 62. Relations with existing international conventions / Comment by Cristina M. Mariottini

article 63. Information made available to the public / Comment by Jacopo Re

article 64. Information on contact details and procedures / Comment by Jacopo Re

article 65. Establishment and subsequent amendment of the list containing the information referred to in article 3(2) / Comment by Jacopo Re

article 66. Establishment and subsequent amendment of the attestations and forms referred to in point (b) of article 45(3) and articles 58, 59 and 60 / Comment by Silvia Marino

article 67. Committee procedure / Comment by Silvia Marino

article 68. Review clause / Comment by Silvia Marino

article 69. Transitional provisions / Comment by Giacomo Biagioni

article 70. Entry into force 489 / Comment by Giacomo Biagioni

annex 1. Preamble to council regulation (eu) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes Preamble to Council Regulation (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships

annex 2. Council decision (eu) 2016/954 of 9 June 2016 authorising enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships

annex 3. Commission implementing regulation (eu) 2018/1935 of 7 December 2018 establishing the forms referred to in Council Regulation (EU) 2016/1103 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes [2018] OJ L314

annex 4.

Commission implementing regulation (eu) 2018/1990 of 11 December 2018 establishing the forms referred to in Council Regulation (EU) 2016/1104 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships [2018] OJ L320

annex 5. Information provided by the member states in accordance with article 64 of the property regimes regulations

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Includes index.

ISBN:

1-78811-509-0