The EU Regulations on Matrimonial Property and Property of Registered Partnerships

The EU adopted several instruments to bring about legal certainty and predictability to couples in cross-border situations. This book examines the Matrimonial Property Regulation and the Regulation on the Property Consequences of Registered Partnerships, which are key pieces of the European family law puzzle. It provides an in-depth analysis of the provisions and explores their practical implications in EU family law, with case studies to interrogate the potentialities of these new instruments.

Format: Paperback / softback
Length: 326 pages
Publication date: 25 February 2022
Publisher: Intersentia Ltd

As of January 1, 2020, a significant portion of the EU's population consisted of citizens of one member state residing and/or working in the territory of another member state, while approximately five percent were third-country nationals. These diasporic groups formed cross-border couples, comprising partners of different nationalities or the same nationality living in a country other than their origin. This reality raises numerous legal questions for the individuals involved, particularly when multiple countries' national family laws come into play. In response, the EU has adopted various instruments collectively known as EU private international family law to provide greater legal certainty and predictability for couples in cross-border situations.

This volume specifically examines the two most recent Twin Regulations: the Matrimonial Property Regulation (Regulation (EU) 2016/1103) and the Regulation on the Property Consequences of Registered Partnerships (Regulation (EU) 2016/1104). These regulations have played a pivotal role in shaping European family law by regulating various aspects of individuals' daily lives. This book offers an in-depth analysis of these instruments, revealing the provisions contained within them and exploring their practical implications in EU family law. Contributors also discuss relevant CJEU case law and, where available, national case law of EU countries. Case studies are employed to examine the potentialities of these new instruments.

This book is a substantial contribution to the field of EU family law, providing valuable insights into the developments and advancements in this area. It is essential for legal professionals, scholars, and anyone interested in understanding the complex dynamics of cross-border relationships and their legal implications.

ISBN-13: 9781839701993