Cross-border couples property regimes in action before courts

Resumen del libro

This book has the prime purpose of analysing practice through European and national case law from the entry into force of the Twin Regulations, adding hypothetical cases in some of the countries participating in enhanced cooperation that do not yet provide for the direct application of the Regulations, and resolving them by basing judgments on private international law. Th e European family today is diverse, and proof of this is the diff erent models and their evolution in recent decades, with family relationships being based not only on those constituted by marriage but also on those formed by couples living together in a stable manner.

Índice

FOREWORD

I PART - A GENERAL OVERVIEW ON THE IMPLEMENTATION OF EU REGULATIONS 1103 AND 1104/2016

SUBSIDIARY JURISDICTION IN REGULATION (EU) 2016/1104 AS A SAFETY NET FOR INTERNATIONAL COUPLES / Paolo Bruno

INTERACTION BETWEEN FAMILY LAW AND SUCCESSION LAW IN THE CJEU JUDGMENT IN CASE C-558/16 MAHNKOPF / Simona Vilkelyt?

THE JUDGEMENT OF THE COURT OF JUSTICE OF THE EUROPEAN UNION (SECOND CHAMBER) OF 12 OCTOBER 2017 (CASE C-218/16, ALEKSANDRA KUBICKA) / Alfonso Ybarra Bores

NOTARIES AS ‘COURTS’, HABITUAL RESIDENCE AND SEVERAL OTHER CONCEPTS OF THE SUCCESSION REGULATION IN THE CJEU JUDGMENT IN CASE C-80/19 E.E. / Agne Limante

THE ASYMMETRY IN ‘DUAL’ HABITUAL RESIDENCE RESULTING FROM CROSSBORDER DIVORCE. AN APPROXIMATION TO THE COMPETENT JUDICIAL AUTHORITY TO THE THREAD OF IB CASE 289/20 / David Carrizo Aguado

II PART - CASE LAW AND CASE STUDIES FROM SELECTED COUNTRIES OF THE ENHANCED COOPERATION

REGULATIONS 2016/1103 AND 2016/1104 IN PRACTICE: ANALYSIS FROM A BELGIAN PERSPECTIVE / Vinciane Rosenau / Delphine Thienpont

CASE LAW OF BULGARIAN COURTS IN CROSS-BORDER MATTERS OF MATRIMONIAL PROPERTY REGIMES / Dafina Sarbinova

THE APPLICATION OF EU REGULATIONS 1103/2016 AND 1104/2016 IN CYPRUS: A GRADUAL PROCESS / Nicolas Kyriakides / Nicholas Mouttotos

APPLICATION OF THE MATRIMONIAL PROPERTY REGIMES REGULATION: CROATIAN PERSPECTIVE / Danijela Vrbljanac

REGULATION (EU) 2016/1103 IN THE CZECH APPLICATION PRACTICE: LITTLE EXPERIENCE BUT HIGH EXPECTATIONS / Tereza Kyselovská / Martin Kornel

FINNISH PIL PERSPECTIVE, MATRIMONIAL PROPERTY RELATIONS AND APPLICABLE LAW / Tuulikki Mikkola

FIRST APPLICATIONS OF EUROPEAN REGULATIONS NO 2016/1103 AND NO 2016/1104 OF 24 JUNE 2016 IN FRENCH LAW / Severine Cabrillac

THE PROPERTY REGIMES OF CROSS-BORDER COUPLES: THE ITALIAN PERSPECTIVE / Lucia Ruggeri

CASE STUDY CONCERNING INTERNATIONAL LAW REGULATING MATRIMONIAL PROPERTY REGIMES. MANAGEMENT OF A PROPERTY FUND AND THE DISPOSAL OF PLEDGED ASSETS / Giovanna Di Benedetto

THE ITALIAN PERSPECTIVE ON THE IMPLEMENTATION OF THE PRIVATE INTERNATIONAL LAW OF SUCCESSIONS / Ilaria Riva

PRIVATE INTERNATIONAL SUCCESSION LAW CASE STUDY. AGREEMENTS AS TO SUCCESSION, PUBLIC POLICY AND PROTECTION OF FORCED HEIRS UNDER EU REGULATION NO 650/2012 / Maria Cristina Gruppuso

JURISDICTION, APPLICABLE LAW, RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN MATRIMONIAL PROPERTY REGIMES IN LUXEMBOURG / Alba Paños Pérez

DISSOLUTION OF SAME- SEX MARRIAGE: INTERNATIONAL JURISDICTION AND POSSIBLE EXERCISE OF PARTY AUTONOMY / Roberto Garetto

PRACTICAL IMPLICATIONS OF COUNCIL REGULATION (EU) NO 2016/1103 ON MATRIMONIAL PROPERTY REGIMES AND COUNCIL REGULATION (EU) NO 2016/1104 ON THE PROPERTY CONSEQUENCES OF REGISTERED PARTNERSHIPS / Benedita Sequeira

INTERPLAY OF EU AND DOMESTIC PRIVATE INTERNATIONAL LAW-PROPERTY RELATIONS OF CROSS-BORDER COUPLES IN SLOVENIA / Filip Dougan

THE APPLICATION OF REGULATION 2016/1103 IN SPAIN / Luis F. Carrillo Pozo

(PRACTICAL) APPLICATION OF REGULATION (EU) 2016/1104 IN SPAIN / Mercedes Soto Moya

THE IMPLEMENTATION OF THE REGULATION 2016/1103 ON MATRIMONIAL PROPERTY REGIMES IN SWEDEN / María José Cazorla González