Council Regulation (EU) 1104/2016 in Matters of Property Consequences of Registered Partnerships - A Step to the Goal
Keywords:
international jurisdiction, applicable law, conflict of law rules, registered partnership, same-sex relationships, property, property consequences, European Union, Regulation EU 1104/2016Abstract
Taking into account the need for introduction of unique private international law solutions in matters of the property consequences of registered partnerships within EU, after perennial discussion about two versions of proposals, EU Council adopted Regulation 1104/2016 from 24.06.2016. implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships. In this paper author analyzes Regulation's provisions, concerning international jurisdiction, applicable law, recognition and enforcement of decisions, as well as acceptance and declaration of enforceability of authentic instruments and court settlements. As the Regulation is applied in 18 EU-Member States, its adoption is a step to the final goal - creation of unique and generally valid rules in the field of private international law in the area of property consequences of registered partnerships within all EU-Member States.
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