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Conference Paper

A new addition to European family law : the Regulations on matrimonial property regime and the property consequences of registered partnerships

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Faucon Alonso,  Amandine
Department I, Max Planck Institute Luxembourg, Max Planck Society;

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Citation

Faucon Alonso, A. (in press). A new addition to European family law: the Regulations on matrimonial property regime and the property consequences of registered partnerships.


Cite as: https://hdl.handle.net/11858/00-001M-0000-002C-6935-6
Abstract
In the coming months the correlated Regulations on jurisdiction, applicable law and the recognition and enforcement of decisions for matrimonial property regime and the property consequences of registered partnerships will most certainly be finally adopted . The EU legislator has been working on those for almost a decade, after years of struggle and discussions between the member states, seventeen of them decided to go forward, following the enhanced cooperation procedure . This paper aims, firstly, at briefly explaining the genesis of the regulations, going through the different obstacles and success that have paved the way (The Stockholm programme in 2009, the impact assessment and the first Commission proposal in 2011, its rejection in 2015 and the latest proposal in March 2016). Subsequently, the different provisions of the actual proposal will be analyzed. This part will especially focus on jurisdiction and applicable law, reflecting upon the different connecting factors and the inclusion of party autonomy within the related articles. Last but not least, the contribution will discuss the articulation of the new norms with the existing instruments such as the 2010 “divorce” and the 2012 “successions” Regulations. For each of them, the EU legislator has opted for similar but not always equivalent measures. As an example, we can mention the choice of connecting factors referred to (habitual residence and nationality for all of them but adding forum for divorce and registration place or closest connection respectively for matrimonial property regime and property consequences of registered partnerships). Another illustration is the use, or not, of freedom of choice (direct for successions and matrimonial property or registered partnership and indirect for divorce). Those inconsistencies lead to a patchwork of articles in which legal practitioners and citizens will probably get lost. Leaving one to wonder whether the recent developments in the field really succeeds to ease the life of European families.