EU news: Patrimonial rights

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29/01/2019 COUNCIL REGULATION (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes 

COMPETENCE: One of the most important purposes of the Regulation consists at making possible that different connected procedures  transact in front of the jurisdictional organs of the same Member State, as for example the competent Court to transact a succession also will be able to resolve on the liquidation of the matrimonial economic regime related with this succession. (Arts. 4 at 19)

APPLICABLE LAW:

The law designated as applicable by this Regulation shall be applied whether or not it is the law of a Member State.

The law applicable to a matrimonial property regime pursuant to Article 22 or 26 shall apply to all assets falling under that regime, regardless of where the assets are located. The spouses or future spouses may agree to designate, or to change, the law applicable to their matrimonial property regime, provided that that law is one of the listed in Article 22.

In the absence of a choice-of-law agreement pursuant to Article 22, the law applicable to the matrimonial property regime shall be the law according to Article 26.

AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS:

An authentic instrument established in a Member State shall have the same evidentiary effects in another Member State as it has in the Member State of origin, or the most comparable effects, provided that this is not manifestly contrary to public policy (ordre public) in the Member State concerned.

An authentic instrument which is enforceable in the Member State of origin shall be declared enforceable in another Member State on the application of any interested party in accordance with the procedure provided for in Articles 44 to 57.

Court settlements which are enforceable in the Member State of origin shall be declared enforceable in another Member State on the application of any interested party in accordance with the procedure provided for in Articles 44 to 57.