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The EU Regulations on Matrimonial Property and Property of Registered Partnerships (Paperback)
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The EU Regulations on Matrimonial Property and Property of Registered Partnerships (Paperback)
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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'. This 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 book is a significant
contribution to the literature on private international family law
in general and on EU matrimonial property regimes in particular. It
is addressed to legal professionals as well as academics and law
students.
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