Property rights and international couples in EU law.

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Presentation transcript:

Property rights and international couples in EU law. Two regulations: matrimonial property regimes and registered partnerships. Since the Vienna Action Plan 1998 to the EU Citizenship Report 2010. Rules of international private law. Art.81 TFEU. Jurisdiction, applicable law, recognition and enforcement. Strengthening free movement and citizenship. Compliance with fundamental rights: private and family life, property, no discrimination, access to justice.

General aspects. Family law. Unanimity. Art. 81.3 TFEU. Enhanced cooperation. Art. 20.2 TEU. Property law is internal law but property is also a fundamental right recognized in the European Charter. Coordination with other instruments of the european espace of freedom, security and justice: Brussels I and IIa, Rome III, Successions.

Content. Applicable law: unity principle; freedom of election ( habitual residence, nationality) and subsidiary rules for married people, place of registration for partnerships. Limited possibility of change: effects in the future, may not affect third parties. Jurisdiction:coordination with the regulation on Successions.Competent court for separation or divorce in case of agreement. Subsidiary rules. Recognition and enforcement. Judicial decisions: Brussels I: automatic recognition and exequatur. No review on jurisdiction. No review as to the substance. Public documents and the Proposal on Successions. The public policy issue and overriding mandatory provisions. Universal nature of the conflict of law rule.

The Land Registry role. Property law as internal law. No affection to the nature of rights in rem, their disclosure and the LR functioning and effects. Judicial decisions. Automatic recognition versus exequatur.No review. The public policy exception. Notarial acts: concerning LR operations, free movement and internal law.

The Land Registry role. Effects on third parties. “Conditions of registration” concerning immovable property. Information published in the EJN. Protection of family home. Art. 22, 17. Form of marriage contract. LR rules should also be complied with. Registration of marriage settlements. Doubts about EU competence.