Majetkové poměry manželů – unifikace kolizního práva v rámci Evropské unie

2021 ◽  
Author(s):  
Lucie Zavadilová
Keyword(s):  
Private International Law ◽  
Foreign Law ◽  
Marital Property ◽  
The Subject ◽  
General Part ◽  
The Law ◽  
Property Regimes ◽  
The Eu ◽  
Conflict Of Law

The monograph deals with the conflict-of-law regulation of matrimonial property regimes having cross-border implications and the determination of the law applicable from the perspective of Czech courts. It focuses on both the regional unification of the conflict-of-law rules adopted within the EU and the national conflict-of-law rules. The subject matter of the research constitute selected institutes of the general part of private international law and their impact on the application of the relevant conflict-of-law rules in matters of matrimonial property regimes and the law applicable. The publication also covers the topic of the treatment of foreign law as the law applicable in proceedings related to the marital property division.

United in Diversity – Regional Unification of the Conflict-of-law Rules in Matters of Matrimonial Property Regimes

2019 ◽  
pp. 160-178
Author(s):  
Lucie Zavadilová
Keyword(s):  
Public Policy ◽  
International Law ◽  
Private International Law ◽  
Public Interests ◽  
The Public ◽  
General Part ◽  
Substantive Law ◽  
Fundamental Values ◽  
Property Regimes ◽  
Conflict Of Law

The unification of the conflict-of-law rules in matters of matrimonial property regimes at EU level seeks to mitigate differences in substantive law in particular legal systems. The aim of this contribution is to analyse the doctrine of overriding mandatory provisions and consider the applicability of the public policy exception, which limit the application of the law otherwise applicable determined in compliance with the unified conflict-of-law rules. The question author addresses in this paper is whether these institutes of the general part of private international law provide for sufficient safeguards to protect the fundamental values and public interests of the forum law in matters of matrimonial property regimes.

scholarly journals Party autonomy and the law applicable to the matrimonial property regimes in Europe = La autonomía de la voluntad y la ley aplicable a los regímenes matrimoniales en Europa

2018 ◽  
Vol 10 (2) ◽  
pp. 579
Author(s):  
Elena Alina Oprea
Keyword(s):  
International Law ◽  
Legal System ◽  
System Change ◽  
Hague Convention ◽  
Private International Law ◽  
Party Autonomy ◽  
Eu Regulation ◽  
The Law ◽  
Property Regimes ◽  
The Eu

 Abstract: In a private international law context reflecting significant divergences between the ob­jective choice-of-law rules for matrimonial property regimes, the principle of party autonomy appears as a salutary solution, bringing certainty, predictability and simplicity, while satisfying also the spouses’ substantial interests. The study focuses on the rules devoted to this principle by the European legislator in the (EU) Regulation no 2016/1103, attempting to outline its regime and insisting, particularly, on its admissibility and on the limitations that accompany its practical exercise. Providing a sufficient fra­mework for discussion and helping to illustrate the implications of the European text, the rules of the Romanian Civil Code and of the 1978 Hague Convention on the law applicable to matrimonial property regimes will serve as a benchmark.Keywords: matrimonial property regimes, EU Regulation no 2016/1103, autonomy of will, electio juris agreements, states with more than one legal system, change of the applicable law.Resumen: En un contexto de derecho internacional privado que refleja divergencias significativas entre las reglas objetivas de elección de los regímenes matrimoniales, el principio de autonomía de las partes aparece como una solución saludable, aportando certeza, previsibilidad y simplicidad, al tiempo que satisface también los intereses sustanciales de los cónyuges. El estudio se centra en las normas dedicadas a este principio por el legislador europeo en el Reglamento (UE) n. ° 2016/1103, que intenta delinear su régimen e insistir, en particular, en su admisibilidad y en las limitaciones que acompañan a su ejercicio práctico. Proporcionar un marco suficiente para el debate y ayudar a ilustrar las implicaciones del texto europeo, las normas del Código Civil rumano y del Convenio de La Haya de 1978 sobre la ley aplicable a los regímenes matrimoniales de propiedad servirán como punto de referencia.Palabras clave: regímenes económicos matrimoniales, Reglamento (UE) no 2016/1103, auto­nomía de la voluntad, acuerdo de elección de la ley aplicable, estados con diversos regímenes jurídicos, cambio de la ley aplicable.

scholarly journals CONFLICT OF LAW RULES ON MARITAL PROPERTY RELATIONS IN UKRAINE: THEORY AND PRACTICE

2018 ◽  
pp. 48-57
Author(s):  
V. Kisil ◽  
A. Pashynskyi
Keyword(s):  
International Law ◽  
Theory And Practice ◽  
Private International Law ◽  
Choice Of Law ◽  
Property Relations ◽  
Marital Property ◽  
The Law ◽  
Legal Concepts ◽  
Legal Consequences ◽  
Conflict Of Law

This article is about the theoretical and practical aspects of conflict of law regulation of marital property relations under the Law of Ukraine “On Private International Law”. Inter alia, the paper deals with the possibility of the choice of law applicable to prenuptial contracts and marital property relations as well as the conflict of law rules applicable to property consequences of marriage in the event of absence of the choice of law. The author analyses the limitations to applying the principle of autonomy of will in marital property relations, the correlation between legal concepts of “marital property relations” and “legal consequences of marriage” and the possible forms of performing lex voluntatis. With a view to protecting the interests of the child and the weaker party in a marriage, the author proposes amendments to para 1 of Art. 61 of the Law, pursuant to which the law chosen by the parties must not impair the standing of the child or one of the spouses as compared to the law to be applied to property consequences of marriage in the event of absence of a choice of law. The paper also focuses on the overview of relevant Ukrainian court practice regarding the application of the Law during proceedings on marital property relations with a foreign element.

scholarly journals Ustanawianie ograniczonych praw rzeczowych w prawie prywatnym międzynarodowym — uwagi na tle statutu rzeczowego i jego rozgraniczenia

2019 ◽  
Vol 24 ◽  
pp. 141-168
Author(s):  
Katarzyna Anna Dadańska
Keyword(s):  
International Trade ◽  
Property Rights ◽  
International Law ◽  
Private International Law ◽  
Tangible Object ◽  
The Subject ◽  
The Law ◽  
Historical Methods

In international trade, it is essential to determine the scope of the law applicable to property rights, i.e. the law applicable to the assessment of rights in rem. Article 41 of the Polish Private International Law Act uses the connecting factor of the situs rei. The competence of legis rei sitae regarding rights in rem should not be challenged when the subject of rights in rem is tangible property. If, however, the subject of rights in rem is not a tangible object but in a claim or other type of a right, then there is an urgent need to seek other ways of establishing the law applicable to the formation of such rights. In addition, there is a recurrent problem with the proper delimitation with the laws applicable to other issues, i.e. the determination of the law applicable to the assessment of the effectiveness of the acquisition of a limited right in rem, and the question of the so-called adaptation and qualification. The purpose of the present study is to determine the law applicable to the establishment of limited property rights. Using the dogmatic-legal, comparative and complementary historical methods, the provisions of Article 41 of the Private International Law Act are evaluated, and conclusions are drawn de lege ferenda.

scholarly journals SYNCHRONIZATION OF APPLICABLE LAW WITH FORUM IN SUCCESSION AND MATRIMONIAL PROPERTY MATTERS IN THE EU AND UKRAINE

2021 ◽  
Author(s):  
I. Dikovska
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
Private International Law ◽  
International Jurisdiction ◽  
Applicable Law ◽  
The Law ◽  
The Republic ◽  
Criminal Matters ◽  
The Eu

The purpose of this paper is to determine the ways of synchronization of applicable law with forum in succession and matrimonial property matters under the EU Succession Regulation and the EU Matrimonial Property Regulation and the rules which may determine international jurisdiction and applicable law in Ukraine as well as answer the question on whether the rules of the Law of Ukraine on Private International Law which ensure synchronization of applicable law with forum in succession and matrimonial property matters match the needs of legal regulation of private relationships. The application of comparative, dialectical and formal-logical methods allowed concluding that synchronization of the applicable law with forum is provided by using of the same criteria for the determination of international jurisdiction and applicable law. The rules which ensure synchronization can: 1) necessarily lead to the application of the court's own law in some private legal matters; 2) be an alternative to the other methods of determination of the applicable law and international jurisdiction which is applied if the parties to the respective relationship conclude the choiceof-law and choice-of-court agreements linking to the law and the court of the same state. Synchronization of the law with the forum in matrimonial property matters is possible under of the Law of Ukraine 'On Private International Law' if the spouses have concluded the choice-of-law and choice-of-court agreements and in some other cases. It has been proved that the rules of the Law of Ukraine 'On Private International Law' which apply dualistic approach for determination of the law governing succession relationships does not allow to achieve synchronization of the applicable law with the forum in succession matters in all cases. It has been demonstrated that the presence of immovable property in the estate located abroad leads to the application of a foreign law to the succession of such property, even if a deceased, being a citizen of Ukraine, has chosen in his will the law of Ukraine as the law applicable to the succession. It has been concluded that the Law of Ukraine 'On Private International Law' should be amended in such a way that the choice of the law applicable to the succession made by a deceased in the will should cover the succession of movable and immovable property regardless of its location. Keywords: synchronization of law with the forum; law applicable to succession; international jurisdiction in succession matters; international jurisdiction in family matters; Succession Regulation; Matrimonial Property Regulation; Agreement between Ukraine and the Republic of Poland on legal assistance and legal relations in civil and criminal matters; Law of Ukraine 'On Private International Law'.

scholarly journals MONOGRAPH REVIEW OF DR. IRYNA DIKOVSKA "INTERNATIONAL SUCCESSION IN THE EU AND UKRAINE: DIRECTIONS FOR ADAPTATION OF UKRAINIAN LAW TO THE EU LAW" (KYIV, ALERTA, 2020).

2021 ◽  
pp. 65-66
Author(s):  
N. Fedorchenko
Keyword(s):  
International Law ◽  
Private International Law ◽  
International Treaties ◽  
Conflict Of Laws ◽  
Eu Member States ◽  
Procedural Code ◽  
Recognition And Enforcement ◽  
The Law ◽  
The Eu

The review evaluates the content of the monography. It has been concluded that the idea of the monograph is relevant since the rules of international treaties of Ukraine (namely, bilateral agreements on legal assistance) and the Law of Ukraine on Private International Law (hereinafter: PILA) contain some gaps and uncertain provisions regarding international succession law issues which need to be filled or revised respectively. We support the author's suggestion to make such amendments taking into consideration Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, as well as, the EU Private International Law doctrine and solutions to international succession law issues in national law of some the EU Member States. The book consists of 15 chapters which focus on the determination of international jurisdiction in succession matters; determination of the law applicable to succession relations with a foreign element; recognition and enforcement of foreign decisions in succession matters; acceptance of authentic documents created abroad. Many author's ideas seem appropriate. They include the suggestions to determine the scope of law applicable to the succession in PILA; to amend the conflict of laws rules applicable to the form of wills; to include in PILA conflict of laws rules regarding succession agreements; to amend some rules of Civil Procedural Code of Ukraine applicable to recognition and enforcement of foreign decisions in civil matters and others. It was concluded that the monograph would useful f

scholarly journals WSPÓŁCZESNE TENDENCJE W ZAKRESIE METOD WYZNACZANIA PRAWA WŁAŚCIWEGO DLA MAŁŻEŃSKICH STOSUNKÓW MAJĄTKOWYCH

2016 ◽  
Vol 14 (4) ◽  
pp. 107
Author(s):  
Łukasz Żarnowiec
Keyword(s):  
National Level ◽  
Free Movement ◽  
Private Law ◽  
Property Relations ◽  
Current Trends ◽  
International Private Law ◽  
The Law ◽  
Property Regimes ◽  
Conflict Of Law

Current Trends in the Conflict of Legal Methods in Matrimonial Property RegimesSummaryThe difficulties relating to the determination of the law applicable to personal and property relations between spouses are one of the most significant barriers to the free movement of individuals between different countries. Due to the importance of matrimonial property regimes for the situation of third parties entering into legal relations with married persons, matrimonial property regimes also have a seminal impact on the security of free movement and exchange. This article presents an analysis of conflict-of-law methods used to determine the law applicable to matrimonial property relations under selected conflict-of-law regulations adopted in different countries, the proposed uniform European regulation, and the former Polish International Private Law Act (Ustawa o prawie prywatnym międzynarodowym) of 1965. It also contains an assessment of the relevance of new conflict-of-law rules that have been introduced at the national level. The article may be regarded as a background for the analysis of the arrangements presented in the new Polish International Private Law Act of 2011, which will be presented in a separate issue of this journal.

scholarly journals La ley aplicable a las donaciones internacionales = Aplicable law to international donations

2019 ◽  
Vol 11 (2) ◽  
pp. 100
Author(s):  
Natividad Goñi Urriza
Keyword(s):  
International Law ◽  
Private International Law ◽  
Applicable Law ◽  
Different Types ◽  
European Regulations ◽  
The Law ◽  
Rome I ◽  
Conflict Of Law

Resumen: Este trabajo analiza la determinación de la ley aplicable a las donaciones en Derecho Internacional Privado. La coexistencia de las normas de conflicto contenidas en el Reglamento Roma I y el Reglamento de sucesiones aplicables a distintos aspectos de los actos de liberalidad hace necesario distinguir entre sus respectivos ámbitos de aplicación. A ello hay que añadir la ineludible aplicación de las normas de Derecho Internacional Privado nacional para la determinación de la ley aplicable a los aspectos relativos a los derechos reales.Palabras clave: donaciones, norma de conflicto, sucesiones, contratos.Abstract: The article deals with the determination of the applicable law to donations in Spanish Private International Law. The coexistence of conflict of law rules included in Rome I and successions European Regulations makes necessary to distinguish between different types of donations. Additionally, the article addresses the unavoidable application of the rules of national private international law for the determination of the law applicable to some aspects of the rights in rem.Keywords: donations, conflict of law, successions, contracts.

I. Harding v Wealands

2007 ◽  
Vol 56 (2) ◽  
pp. 443-453
Author(s):  
Peter McEleavy ◽  
Charles Dougherty ◽  
Lucy Wyles
Keyword(s):  
International Law ◽  
Private International Law ◽  
Northern Irish ◽  
Applicable Law ◽  
Difficult Question ◽  
House Of Lords ◽  
Foreign Law ◽  
The Subject ◽  
The Law ◽  
Vexed Question

In Harding v Wealands1 the House of Lords had to consider the vexed question of where the dividing line between substance and procedure should lie in private international law. The specific issue before their Lordships was whether matters relating to the assessment of damages in tort should be treated as matters of substance, and thus be for the applicable law, or whether they should be treated as matters of procedure, and therefore be left for the law of the forum. The decision of the House of Lords has resolved this difficult question in favour of a procedural characterization. The result of the House of Lords' decision is that in all such cases, regardless of the foreign law element, the assessment of damages will be conducted in accordance with English (Northern Irish or Scottish) law, as the law of the forum. Nonetheless, some reservations do exist as to the justification for the decision and as to how likely it is to remain the last word on the subject.

scholarly journals Applicable Law for Contracts in the Sporting Context

SEEU Review ◽  
2017 ◽  
Vol 12 (1) ◽  
pp. 197-221
Author(s):  
Ines Medić
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Private International Law ◽  
Applicable Law ◽  
Elite Level ◽  
The Subject ◽  
The Law ◽  
Rome I

Abstract This article presents an analysis of contractual relations in sport from the standpoint of the Croatian legislative system. Due to the complexity of the subject matter, the author considers only a small fragment of it - the significance and the role of sport in Croatian society and the law of contracts „as a cornerstone on which „sports law“ has been built and which is of primary importance in most areas where there is an interface between sport and the law, irrespective of whether the sport is being played at an elite level or at a more humble one“. Bearing in mind the limited extent of this article, the autor tries to provide some clarifications and some guidance on how to deal with the designation and the determination of the applicable law for contracts in the sporting context. Considering that there are different legal regimes which may come into play with regard to the designation of the law applicable to contracts in the sporting context, the author first presents the determination of the applicable law according to the Rome I Regulation and then according to the Croatian Arbitration Act, Swiss Private International Law Act and the CAS Code of Sports-related Arbitration, as the most common in sports practice. Then, the author deals with contracts concluded with minor athletes and the determination of the law applicable to some preliminary questions. Finally, the author presents her perception of the problems encountered and some suggestions for the improvement of the existing legal framework.

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