Review article

https://doi.org/10.30925/zpfsr.38.1.16

DECIDING ON MATTERS OF MATRIMONIAL PROPERTY IN THE PROCEEDINGS FOR SUCCESSION UNDER REGULATION 2016/1103 ON MATRIMONIAL PROPERTY REGIMES

Paula Poretti ; Faculty of Law University of Osijek, Osijek, Croatia

Abstract

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 (hereinafter:
Regulation 2016/1103) provides for uniform rules which should facilitate delivering
of judgments concerning matrimonial property in cross-border disputes in 18 Member
States which established enhanced cooperation between themselves in the area of
the property regimes of international couples. The application of the Regulation
2016/1103 should contribue to the application of other european instruments in
the fi eld of european family law in divorce and succession proceedings. The paper
presents rules on jurisdiction and applicable law under the Regulation 2016/1103
which should be applied in proceedings concerning matrimonial property regimes.
Application of the provisions of Regulation 2016/1103 on jurisdiction and applicable
law in proceedings for succession will be analyzed. The paper elaborates on certain
potentially problematic solutions and open issues revealed through interpretation of
provisions of Regulation 2016/1103 which could cause doubts and uncertainties for
the court and public notaries. Possible solutions which could remove diffi culties and
insuffi ciencies in the application of the Regulation 2016/1103 will be suggested.

Keywords

succession; matrimonial property regime; jurisdiction; applicable law; spouse

Hrčak ID:

178166

URI

https://hrcak.srce.hr/178166

Publication date:

10.3.2017.

Article data in other languages: croatian german italian

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