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The EU Regulations on the Property Regimes of International Couples: A Commentary

The EU Regulations on the Property Regimes of International Couples: A Commentary

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781788115087
  • 出版时间 June 2020
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
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  • 详细

    his article-by-article Commentary on EU Regulations 2016/1103 and 2016/1104 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.

  • Table of Cases
    Foreword
    General introduction by Pietro Franzina and Ilaria Viarengo
    Chapter I: Scope and definitions
    Introduction by Pietro Franzina
    Article 1: Scope
    Article 1: Scope
    Comment by Andres Rodríguez Benot
    Article 2: Competence in matters of matrimonial property regimes within the Member States
    Article 2: Competence in matters of property consequences of registered partnerships within the Member States
    Comment by Silvia Marino
    Article 3: Definitions
    Article 3: Definitions
    Comment by Andres Rodríguez Benot
    Chapter II: Jurisdiction
    Introduction by Andrea Bonomi
    Article 4: Jurisdiction in the event of the death of one of the spouses
    Article 4: Jurisdiction in the event of the death of one of the partners
    Comment by Andrea Bonomi
    Article 5: Jurisdiction in cases of divorce, legal separation or marriage annulment
    Article 5: Jurisdiction in cases of dissolution or annulment
    Comment by Ilaria Viarengo
    Article 6: Jurisdiction in other cases
    Article 6: Jurisdiction in other cases
    Comment by Pietro Franzina
    Article 7: Choice of court
    Article 7: Choice of court
    Comment by Pietro Franzina
    Article 8: Jurisdiction based on the appearance of the defendant
    Article 8: Jurisdiction based on the appearance of the defendant
    Comment by Sabine Corneloup
    Article 9: Alternative jurisdiction
    Article 9: Alternative jurisdiction
    Comment by Pietro Franzina
    Article 10: Subsidiary jurisdiction
    Article 10: Subsidiary jurisdiction
    Comment by Pietro Franzina
    Article 11: Forum necessitatis
    Article 11: Forum necessitatis
    Comment by Giacomo Biagioni
    Article 12: Counterclaims
    Article 12: Counterclaims
    Comment by Giacomo Biagioni
    Article 13: Limitation of proceedings
    Article 13: Limitation of proceedings
    Comment by Pietro Franzina
    Article 14: Seising a court
    Article 14: Seising a court
    Comment by Pietro Franzina
    Article 15: Examination as to jurisdiction
    Article 15: Examination as to jurisdiction
    Comment by Pietro Franzina
    Article 16: Examination as to admissibility
    Article 16: Examination as to admissibility
    Comment by Pietro Franzina
    Article 17: Lis pendens
    Article 17: Lis pendens
    Comment by Csongor István Nagy
    Article 18: Related actions
    Article 18: Related actions
    Comment by Csongor István Nagy
    Article 19: Provisional, including protective, measures
    Article 19: Provisional, including protective, measures
    Comment by Lidia Sandrini
    Chapter III: Applicable law
    Introduction by Pietro Franzina
    Article 20: Universal application
    Article 20: Universal application
    Comment by Dieter Martiny
    Article 21: Unity of the applicable law
    Article 21: Unity of the applicable law
    Comment by Dieter Martiny
    Article 22: Choice of the applicable law
    Article 22: Choice of the applicable law
    Comment by Christian Kohler
    Article 23: Formal validity of the agreement on a choice of applicable law
    Article 23: Formal validity of the agreement on a choice of applicable law
    Comment by Christian Kohler
    Article 24: Consent and material validity
    Article 24: Consent and material validity
    Comment by Christian Kohler
    Article 25: Formal validity of a matrimonial property agreement
    Article 25: Formal validity of a partnership property agreement
    Comment by Pietro Franzina
    Article 26: Applicable law in the absence of choice by the parties
    Article 26: Applicable law in the absence of choice by the parties
    Comment by Dieter Martiny
    Article 27: Scope of the applicable law
    Article 27: Scope of the applicable law
    Comment by Janeen Carruthers
    Article 28: Effects in respect of third parties
    Article 28: Effects in respect of third parties
    Comment by Janeen Carruthers
    Article 29: Adaptation of rights in rem
    Article 29: Adaptation of rights in rem
    Comment by Patrick Wautelet
    Article 30: Overriding mandatory provisions
    Article 30: Overriding mandatory provisions
    Comment by Martin Gebauer
    Article 31: Public policy (ordre public)
    Article 31: Public policy (ordre public)
    Comment by Martin Gebauer
    Article 32: Exclusion of renvoi
    Article 32: Exclusion of renvoi
    Comment by Martin Gebauer
    Article 33: States with more than one legal system — territorial conflicts of laws
    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
    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
    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
    Introduction by Pietro Franzina
    Article 36: Recognition
    Article 36: Recognition
    Comment by Pietro Franzina
    Article 37: Grounds of non-recognition
    Article 37: Grounds of non-recognition
    Comment by Gilles Cuniberti
    Article 38: Fundamental rights
    Article 38: Fundamental rights
    Comment by Martin Gebauer
    Article 39: Prohibition of review of jurisdiction of the court of origin
    Article 39: Prohibition of review of jurisdiction of the court of origin
    Comment by Carola Ricci
    Article 40: No review as to substance
    Article 40: No review as to substance
    Comment by Csongor István Nagy
    Article 41: Staying of recognition proceedings
    Article 41: Staying of recognition proceedings
    Comment by Elena D’Alessandro
    Article 42: Enforceability
    Article 42: Enforceability
    Comment by Gilles Cuniberti
    Article 43: Determination of domicile
    Article 43: Determination of domicile
    Article 44: Jurisdiction of local courts
    Article 44: Jurisdiction of local courts
    Comment by Jacopo Re
    Article 45: Procedure
    Article 45: Procedure
    Comment by Elena D’Alessandro
    Article 46: Non-production of the attestation
    Article 46: Non-production of the attestation
    Comment by Elena D’Alessandro
    Article 47: Declaration of enforceability
    Article 47: Declaration of enforceability
    Comment by Elena D’Alessandro
    Article 48: Notice of the decision on the application for a declaration of enforceability
    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
    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
    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
    Article 51: Refusal or revocation of a declaration of enforceability
    Comment by Gilles Cuniberti
    Article 52: Staying of proceedings
    Article 52: Staying of proceedings
    Comment by Elena D’Alessandro
    Article 53: Provisional, including protective, measures
    Article 53: Provisional, including protective, measures
    Comment by Lidia Sandrini
    Article 54: Partial enforceability
    Article 54: Partial enforceability
    Comment by Gilles Cuniberti
    Article 55: Legal aid
    Article 55: Legal aid
    Comment by Csongor István Nagy
    Article 56: No security, bond or deposit
    Article 56: No security, bond or deposit
    Comment by Csongor István Nagy
    Article 57: No charge, duty or fee
    Article 57: No charge, duty or fee
    Comment by Csongor István Nagy
    Chapter V: Authentic instruments and court settlements
    Introduction by Pietro Franzina
    Article 58: Acceptance of authentic instruments
    Article 58: Acceptance of authentic instruments
    Comment by Pietro Franzina
    Article 59: Enforceability of authentic instruments
    Article 59: Enforceability of authentic instruments
    Comment by Pietro Franzina
    Article 60: Enforceability of court settlements
    Article 60: Enforceability of court settlements
    Comment by Gilles Cuniberti
    Chapter VI: General and final provisions
    Introduction by Pietro Franzina
    Article 61: Legalisation and other similar formalities
    Article 61: Legalisation and other similar formalities
    Comment by Csongor István Nagy
    Article 62: Relations with existing international conventions
    Article 62: Relations with existing international conventions
    Comment by Cristina Mariottini
    Article 63: Information made available to the public
    Article 63: Information made available to the public
    Comment by Jacopo Re
    Article 64: Information on contact details and procedures
    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)
    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
    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
    Article 67: Committee procedure
    Comment by Silvia Marino
    Article 68: Review clause
    Article 68: Review clause
    Comment by Silvia Marino
    Article 69: Transitional provisions
    Article 69: Transitional provisions
    Comment by Giacomo Biagioni
    Article 70: Entry into force
    Article 70: Entry into force
    Comment by Giacomo Biagioni
    Bibliography
    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, and 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
    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
    Annex 5: Information provided by the Member States in accordance with Article 64 of the Property Regimes Regulations List of contributors

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