| Popis: |
The essay examines the role of the agreement as a tool for managing property relationships in crossborder marriages and registered partnerships, in light of EU Regulations 1103 and 1104 of 2016, on the property regimes of international married or registered couples. The main prerogative of such acts is the recognition of the parties? freedom to choose the court and the applicable law. The law governing the matrimonial property regimes, or the property consequences of registered partnerships, has universal scope. This agreement in the form envisaged, which is backed by the need for legal certainty and predictability of the applicable rules, means that the spouses, in family problems which have cross-border implications, are faced with a uniform system of rules on ?conflict? which can resolve them. Therefore, with reference to the ?applicable law?, Regulation 1103 provides ample scope for contractual autonomy, both explicitly and implicitly. Thus, the contractual autonomy in this provision appears to be the first point of connection between the different systems, the hard base on which the contractual structure provided for in the Regulation is built, which strengthens the objectives of both civil law systems, which open the way to a moderate interpretation of general clauses by the courts, and of common law systems which give effect to a moderate interpretation of the will of the courts. Go away. |
