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Making things with love in Berlin

Regulations (EU) 2016/1103 and 2016/1104 on the assets of international couples and their application in Spain.

1st edition.

  • AuthorAna Fernández-tresguerres García.
  • Brand: Tirant lo Blanch.
  • CollectionCDNIC Notebooks.
  • Binding: rústica.
  • ISBN: 9788411477918

EXTRACT

Regulations (EU) 2016/1103 and 2016/1104 are a milestone in the discipline of the private international law aspects of the property consequences of marriage and registered partnerships in the EU. Both instruments, adopted under the special legislative procedure provided for in Article 81(3) TFEU, form an important part of European family law. They deal with the traditional aspects of judicial cooperation instruments in civil matters: jurisdiction, applicable law, recognition and enforcement of decisions, free movement of authentic instruments and enforcement of transactions. The author (undoubtedly one of the leading specialists in the field at European level) deals with all these issues with the exhaustiveness, depth and practicality to which she is accustomed.

The author, a Notary Public in Madrid and Lawyer at the DGRN, was a negotiator of the Regulation, a member of the Inheritance Committee that approved its implementation and rapporteur of Law 29/2015, which implemented the European standard in Spain. She has also worked actively in the legislative process of Law 15/2015, especially in notarial proceedings. This is therefore a rigorous and exhaustive work, with the added bibliographical value of citing the most important working documents used in the negotiation. Emphasis is placed on the interrelation of European law with Spanish international, interregional, civil, procedural and registry law. A practical guide is included.

INDEX

Index
I. INTRODUCTION
II. THE ADOPTION OF REGULATIONS

  1. Legislative Iter
  2. Enhanced cooperation
  3. Implementing regulations

III. SCOPE OF APPLICATION

  1. Previous: the territorial problem
  2. Positive perimeter
  3. Negative perimeter

IV. JURISDICTION

  1. Cumulation with the forum of succession
  2. Accumulation in case of marital crisis
  3. Jurisdiction in other cases
  4. Choice of law agreement
  5. Other competence rules
  6. Counterclaims
  7. The procedural limitation
  8. The development of the process
  9. Lis pendens and relatedness
  10. Provisional and precautionary measures
  11. The bridge between jurisdiction and out-of-court settlement
  12. Jurisdiction

V. THE APPLICABLE LAW

  1. Universal application and unity of applicable law. Exclusion of renvoi
  2. Professio iuris and freedom of property organisation
    A) Professio iuris
    B) Choice of law agreement
    C) No harm to third parties
    D) Marital or registered partnership property agreement
  3. Applicable law in the absence of choice
  4. Scope of applicable law
  5. Effects vis-à-vis third parties
  6. Adaptation of rights in rem
  7. Police and public order laws
    A) Police laws
    B) Public order
  8. Multi-legislative states

VI. RECOGNITION, ENFORCEABILITY AND ENFORCEMENT OF JUDGMENTS

  1. General provisions
  2. Recognition of resolutions
  3. Declaration of enforceability
  4. In particular, interim and precautionary measures

VII. PUBLIC DOCUMENTS AND TRANSACTIONS

  1. Acceptance of public documents
  2. Loss of authenticity and loss of probative value
  3. The enforceability of notarial deeds
  4. Enforceability of court settlements

VIII. GENERAL AND TRANSITIONAL PROVISIONS

  1. General provisions
    A) No need for legalisation
    B) Relations with international conventions
    C) Information available to the public
  2. Transitional arrangements

IX. THE APPLICATION IN SPAIN OF THE REGULATIONS FOR COUPLES

  1. The lack of implementation
  2. The misalignment of Spanish civil rights with the concept of registered partnership

X. BIBLIOGRAPHICAL NOTE

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