This volume is an article-by-article commentary on Council (EU) Regulation 2016/1103 on matrimonial property and its parallel Regulation on patrimonial property for registered partners, which will come into force on 29th January 2019 on the basis of enhanced cooperation between 18 Member States.

This article-by-article Commentary on EU Regulations 2016/1103 and 2016/1104 critically examines the uniform rules adopted by the EU to deal with the property relations of international couples, both married and in registered partnerships. Written by experts from a variety of European countries, it offers a comprehensive side-by-side discussion of the two Regulations to provide context and a deeper understanding of the issues of jurisdiction, applicable law and recognition of judgements covered.

As on 1 January 2020, some three percent of the population of the EU were citizens of one member state living and/or working in the territory of a member state other than that of which they are a citizen. In addition, around five percent of the resident population of the EU consisted of third country nationals. Naturally, these diasporic groups formed cross-border couples consisting of partners of different nationalities or partners of the same nationality both living in a country other than that of their origin. This reality, to be sure, raises many legal questions for the persons involved where the national family laws of several countries come into play. In an effort to bring about added legal certainty and predictability to couples in cross-border situations, the EU adopted several instruments often referred to together as ?EU private international family law?.00This volume examines the two most recent of these: the Matrimonial Property Regulation (Regulation (EU) 2016/1103) and the Regulation on the Property Consequences of Registered Partnerships (Regulation (EU) 2016/1104), together referred to as the ?Twin Regulations?. These have proved to be a crucial piece of the European family law puzzle, regulating aspects of the everyday lives of those concerned. This book presents an in-depth analysis of these instruments, revealing the substance of the provisions in the regulations and exploring their practical implications in EU family law by discussing questions that are closely related to matrimonial and partnership property regimes. The contributors also cover the relevant CJEU case law and, where available, the national case law of the EU countries. Case studies are used to interrogate the potentialities of these new instruments.

This note provides an objective analysis of the property law aspects of living together in situations where the relationship has connections with more than one EU Member State. The analysis focuses on couples, whether opposite-sex or same-sex relationships, living together either in the form of a marriage, a registered partnership or who de facto live together. The note identifies main problems related to the matrimonial property regimes and patrimonial aspects of other forms of union with a cross-border dimension and concludes by making some recommendations.

The optional matrimonial property regime of the community of accrued gains was created to address legal difficulties that may arise from marriages between persons of different nationalities or persons not living in their country of origin. It is the result of a treaty between France and Germany and entered into force in 2013. As it approaches cross-border conflicts using substantive legal rules, it has a unique character and is considered to be the first step towards the harmonisation of European family law. It is of interest beyond the borders of France and Germany because other Member States of the European Union can accede to the treaty. Further, the optional matrimonial property regime is open not only to marriages between French and German nationals but also to French or German couples living abroad or foreign couples living in France or Germany.To make the Franco-German treaty more accessible to the lawyer in Europe, this book contains the optional matrimonial property regime in five languages, namely German and French - the official languages - and English, Italian and Spanish. Each article of the optional matrimonial property regime is accompanied by a short commentary. Moreover, to provide the reader with additional background information, translations of the memoranda and explanatory reports are also included.With an introduction by Professor Maria Giovanna Cubeddu Wiedemann (University of Trieste) and Professor Dr Dr h.c. mult. Dieter Henrich (University of Regensburg) and translations by Professor Marella Magris (University of Trieste) and Professor Helena Lozano (University of Trieste)

With cross-border successions becoming increasingly common in the context of the European Union, this timely book offers a systematic practical analysis of how cross-border successions should be treated, including examination of which courts may establish jurisdiction over succession disputes and which law governs such disputes. Studying cross-border successions in the context of estate planning and in the opening and liquidation of a succession, it examines the specificities of the European Certificate of Succession, contextualising it within its interface with the national laws and practice of EU Member States.

This book is built upon the outcomes of the EUFam's Project, financially supported by the EU Civil Justice Programme and led by the University of Milan. Also involved are the Universities of Heidelberg, Osijek, Valencia and Verona, the MPI in Luxembourg, the Italian and Spanish Family Lawyers Associations and training academies for judges in Italy and Croatia. The book seeks to offer an exhaustive overview of the regulatory framework of private international law in family and succession matters. The book addresses current features of the Brussels IIa, Rome III, Maintenance and Succession Regulations, the 2007 Hague Protocol, the 2007 Hague Recovery Convention and new Regulations on Property Regimes. The contributions are authored by more than 30 experts in cross-border family and succession matters. They introduce social and cultural issues of cross-border families, set up the scope of all EU family and succession regulations, examine rules on jurisdiction, applicable law and recognition and enforcement regimes and focus on the current problems of EU family and succession law (lis pendens in third States, forum necessitatis, Brexit and interactions with other legal instruments). The book also contains national reports from 6 Member States and annexes of interest for both legal scholars and practitioners (policy guidelines, model clauses and protocols).