Party Autonomy in International Family Relationships : A Research Agenda

Wautelet, Patrick

doi:10.2139/ssrn.2589980

Cited by 3 publications

(2 citation statements)

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“…If these parties object such jurisdiction of the court, the court has to decline its jurisdiction. 24 Party autonomy in the frame of the Succession Regulation is therefore limited compared to the wide options for (explicit or implicit) agreement on jurisdiction on the basis of the Matrimonial Property Regulation (see its Articles 7 and 8 and subchapter 3.3 below). However, the parties' possibility to agree that the court that has jurisdiction for matrimonial property issues is in the event of the death of one of the spouses limited with the Succession Regulation.…”

Section: Jurisdiction For Matrimonial Property In the Event Of The Death Of One Of The Spousesmentioning

confidence: 99%

“…23 See also the Recital 28 of the Succession Regulation. Consequently, with the choice-of-court agreement it is possible to choose only the court/courts of the EU Member State and not of the third country 24. For more see Maria Jose Cazorla Gonzáles, Manuela Giobbi, Jerca Kramberger Škerl, Lucia Ruggeri, and Sandra Winkler, eds., Property relations of cross border couples in the European Union (Napoli: Edizioni Scientifiche Italiane, 2020), 109, 110.…”

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confidence: 99%

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Party Autonomy in the Context of Jurisdictional and Choice of Law Rules of Matrimonial Property Regulation

Limantė

Vogrinc

2020

Baltic Journal of Law &Amp; Politics

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In 2019, the EU Member States started applying the Matrimonial Property Regulation, which concerns the property regimes of international marriages. This regulation is aimed at helping couples manage their property and divide it in case of divorce or the death of one spouse. One of the main features of this regulation is its openness to the parties’ choice. The parties are enabled – in cases foreseen in the regulation – to grant jurisdiction to the court of a Member State of their choice, as well as to choose the law applicable to their matrimonial property regime. Since this regulation is new and the track record of its application is rather short, the limits of party autonomy allowed under the regulation and its advantages still involve a high degree of uncertainty. This article provides an in-depth analysis of party autonomy as provided for in the Matrimonial Property Regulation. In addition, it scrutinises the issue of party autonomy in the Succession Regulation, which often directly interacts with the Matrimonial Property Regulation.

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Section: Jurisdiction For Matrimonial Property In the Event Of The Death Of One Of The Spousesmentioning

confidence: 99%

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confidence: 99%