engleski

Does Party Autonomy Facilitate the Organising of the Couple's Property in EU?

The Matrimonial Property Regulation and the Regulation on the Property Consequences of registered Partnerships, jointly referred to as the Twin Regulations, follow the trend of extending party autonomy to a wider area of legal relations. This is done in a view of the increasing number of cross-border families, which are such either from the inception or turn such due to changed circumstances later in the course of the marriage or partnership (either due to their different/changed nationalities or habitual residence or acquisition of property located in different countries). However, the success of the party autonomy in the Twin Regulations depends on how well its features balance the benefits and risks of choosing the applicable law.

EU law, private international law, property, party autonomy, choice of law, Twin Regulations, matrimonial property, marriage, registered partnership

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