<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>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.</p>
</abstract>

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.

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

Assistant Professor; Dr., University of Ljubljana

Baltic Journal of Law & Politics

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

In 2019, the EU Member States started applying the Matrimonial Property Regulation, which concerns the property regimes of international marriages. This...

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

Publié en ligne: 18 mars 2021

Pages: 135 - 158

Reçu: 23 nov. 2020

Accepté: 30 déc. 2020

DOI: https://doi.org/10.2478/bjlp-2020-0014

Mots clés
Matrimonial Property Regulation, Succession Regulation, matrimonial property, party autonomy, prorogation of jurisdiction, choice of law

© 2020 Agnė Limantė et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

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

Publié en ligne: 18 mars 2021

Pages: 135 - 158

Reçu: 23 nov. 2020

Accepté: 30 déc. 2020

DOI: https://doi.org/10.2478/bjlp-2020-0014

Mots clésMatrimonial Property Regulation, Succession Regulation, matrimonial property, party autonomy, prorogation of jurisdiction, choice of law

© 2020 Agnė Limantė et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
Matrimonial Property Regulation, Succession Regulation, matrimonial property, party autonomy, prorogation of jurisdiction, choice of law