The conflict rules of the Regulation 2016/1103 of the European Union on the matrimonial property regimes: the conflict rules materially oriented

Ana Moreno Sánchez-Moraleda

Keywords

Regulation 2016/1103; the matrimonial property regimes; the conflict of law rules; the nearby laws.

Abstract

Regulation nº 2016/1103 of the European Union (EU) on the matrimonial property regimes unifies the conflict of law rules between the Member States participating in the enhanced cooperation. In the present study, the different points of connection are analyzed to determine the applicable law: limited choice of law by the spouses, law of habitual residence or nationality of the spouses as closer laws, as well as the law of closer links or the law of last habitual residence of the spouses as an exception clause. All these laws applicable to the patrimonial effects of marriage, pursue a certain material result, as a result, we will verify that this European Regulation has the wisdom to establish the conflict of law rules materially oriented against the neutral functioning of the traditional conflict of law rules of the States