engleski

Jurisdictional Provisions in the Twin Regulations

In the Member States participating in the enhanced cooperation on matters of matrimonial property regimes and the property consequences of registered partnerships, the Twin Regulations provide the answer to the question on the international jurisdiction for the couple's property in cross-border cases. The chapter commences with analysis of Articles 4 and 5 which lay down the hierarchically dominant jurisdictional rules, and Article 6 which provides for jurisdictional rules in ‘other cases’, complemented by Article 7 on a limited party autonomy to choose competent courts of a Member State and Article 8 on jurisdiction deriving from the appearance of the defendant. Further jurisdictional rules in focus include alternative and subsidiary jurisdiction (Articles 9 and 10), forum necessitatis (Article 11), counterclaims (Article 12), limitation of proceedings (Article 13) and provisional measures (Article 19). Moreover, this chapter addresses some procedural issues different from jurisdiction, such as the time of seising a court (Article 14), examination as to jurisdiction and admissibility (Articles 15– 16), lis pendens (Article 17) and related actions (Article 18).

EU law, conflict of laws, private international law, family law, family property, matrimonial property, jurisdiction

The paper is translated to five other languages: Croatian, Italian, Lithuanian, Slovenian and Spanish. See Croatian: https://www.bib.irb.hr/1176283