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Prohibition of the Choice of Foreign Law to Matrimonial Property in Croatian Legislation: Any Effect Against the Twin Regulations?

The Croatian Family Act has a very controversial provision prohibiting choice of foreign law in matters of matrimonial property regimes. As to its scope, the scholars of family law in Croatia, claim its applicability to all cross-border situations, while those of private international law, claim its effects being limited to Croatian law as applicable law under the conflict of law rules. With the new EU Regulation 2016/1103, the scope of this provision remains to be re-examined in the light of the principles of EU law and private international law. The key issue is whether this provision will still apply, or the new Regulation will prevail.

conflict of laws, private international law, family law, family property, choice of law, party autonomy

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