Patrimonial effects of marriage and registered partnerships in Private International Law of the European Union. Brief analysis of Regulations (EU) 2016/1103 and 2016/1104 of 24 June

Helena Mota

Keywords

European Union; Private International Law; marriage; matrimonial property regimes; de facto union; registered partnerships.

Abstract

After a long process of trying the unification of private international law on the property effects of marriage and registered partnerships, on 3 December 2015 the Council concluded that it was impossible to achieve the necessary unanimity necessary for the adoption of the Proposals presented early in 2011. Given the willingness expressed by several Member States to implement enhanced cooperation in the areas covered by the regulations, this has been advanced, leading to the publication of Council Regulations (EU) 2016/1103 and 2016/1104 of 24 June 2016 implementing enhanced cooperation between 18 Member States, including Portugal, in matters of ​​jurisdiction, applicable law, recognition and enforcement of decisions on matrimonial property regimes and patrimonial effects of registered partnerships. In this work, we will present a brief analysis of the texts of the new Regulations and the first reflections on the solutions presented.