The present paper explores some aspects of rules of jurisdiction included in Regulations No. 1103 and 1104 adopted by the European Council on 24 June 2016 in the field of property regimes of transnational couples. The most significant aspect of these rules is concentration of jurisdiction in the event of pending proceedings in matters of succession, matrimonial status or dissolution of a registered union. In matters of succession, both Regulations give this criterion an imperative character, to satisfy the need for certainty and procedural economy. On the other hand, in the field of litigation related to matrimonial or partnership crisis, the autonomy of parties may have a significant impact on jurisdiction by connection.

Jurisdiction and Efficiency in Protection of Matrimonial Property Rights

GASPERINI Maria Pia
2019-01-01

Abstract

The present paper explores some aspects of rules of jurisdiction included in Regulations No. 1103 and 1104 adopted by the European Council on 24 June 2016 in the field of property regimes of transnational couples. The most significant aspect of these rules is concentration of jurisdiction in the event of pending proceedings in matters of succession, matrimonial status or dissolution of a registered union. In matters of succession, both Regulations give this criterion an imperative character, to satisfy the need for certainty and procedural economy. On the other hand, in the field of litigation related to matrimonial or partnership crisis, the autonomy of parties may have a significant impact on jurisdiction by connection.
2019
262
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11581/434409
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