Post by account_disabled on Mar 12, 2024 0:05:41 GMT -6
EU Regulation 2016/1103 establishes the choice of applicable law and territorial jurisdiction in matters of matrimonial property regimes
Having knowledge of the matrimonial property regime Email Data applicable to the marriage is completely relevant when it comes to knowing how any provision will affect it throughout the marriage. This knowledge is especially relevant in the case of marriages with a foreign element .
Throughout the article, Regulation 2016/1103 is analyzed in relation to the applicable law and territorial jurisdiction in matters of matrimonial property regimes, as well as the importance of determining the applicable regime and the possibility of choosing it in premarital agreements.
Summary
I. Marriages with a foreign element and the importance of determining the marital economic regime.
II. The importance of premarital agreements.
III. Law applicable to the matrimonial property regime.
IV. Territorial competition.
I. Marriages with a foreign element and the importance of determining the marital economic regime
First of all, we must understand a marriage with a foreign element as one that is made up of at least one member of foreign nationality, residence abroad, or marriage carried out abroad with subsequent residence in said country.
In these cases, the foreign component must be taken into account when determining the marital economic regime applicable to said marriage, which may not coincide with the economic regimes provided for in our Civil Code.
For all these reasons, depending on the particular casuistry of the marriage, the jurisdiction and law applicable to said matrimonial property regime must be assessed.
Once the applicable matrimonial property regime is known, one can proceed, if applicable, to its subsequent liquidation, being equally relevant to know it when carrying out any type of property acquisition or transfer , as well as determining hereditary rights, among others.
II. The importance of premarital agreements
Knowing which matrimonial property regime is applicable to a marriage can become complex when we talk about marriages with a foreign element. Therefore, when getting married, it will always be advisable to agree on the regime applicable to it by mutual agreement .
Having knowledge of the matrimonial property regime Email Data applicable to the marriage is completely relevant when it comes to knowing how any provision will affect it throughout the marriage. This knowledge is especially relevant in the case of marriages with a foreign element .
Throughout the article, Regulation 2016/1103 is analyzed in relation to the applicable law and territorial jurisdiction in matters of matrimonial property regimes, as well as the importance of determining the applicable regime and the possibility of choosing it in premarital agreements.
Summary
I. Marriages with a foreign element and the importance of determining the marital economic regime.
II. The importance of premarital agreements.
III. Law applicable to the matrimonial property regime.
IV. Territorial competition.
I. Marriages with a foreign element and the importance of determining the marital economic regime
First of all, we must understand a marriage with a foreign element as one that is made up of at least one member of foreign nationality, residence abroad, or marriage carried out abroad with subsequent residence in said country.
In these cases, the foreign component must be taken into account when determining the marital economic regime applicable to said marriage, which may not coincide with the economic regimes provided for in our Civil Code.
For all these reasons, depending on the particular casuistry of the marriage, the jurisdiction and law applicable to said matrimonial property regime must be assessed.
Once the applicable matrimonial property regime is known, one can proceed, if applicable, to its subsequent liquidation, being equally relevant to know it when carrying out any type of property acquisition or transfer , as well as determining hereditary rights, among others.
II. The importance of premarital agreements
Knowing which matrimonial property regime is applicable to a marriage can become complex when we talk about marriages with a foreign element. Therefore, when getting married, it will always be advisable to agree on the regime applicable to it by mutual agreement .