Recognition and enforcement of judgements regarding matrimonial property regimes: What do Italy and Spain provide?

Pubblicato da Liuzzi e Liuzzi International law firm in European Union Law · Giovedì 10 Ott 2019 · 1:45
Tags: Recognition, and, enforcement, of, judgements, regarding, matrimonial, property, regimes, italy, spain, european, union, provisions

Liuzzi e Liuzzi

Italian and International Law & Tax Firrm

Italy-Spain

Recognition and enforcement of judgements regarding matrimonial property regimes: What do Italy and Spain provide?

In Italy and in Spain as in the other Member States of the European Union has come into force on January, 29^th 2019 Regulation 2016/1103/EU of June 24^th on matrimonial property regimes especially concerning recognition and enforcement of judgements.

(We would like to highlight also that this will come into force completely except articles 63, 64, 65, 66 and 67 as these have come into force on April, 29^th 2018 and on July, 29^th 2016).

Regulation 2016/1103/EU establishes on its Chapter II jurisdiction on:

death of one of the spouses

divorce, judicial separation or annulment of marriage

other cases (article 6)

choice of Court

juridisdiction according to defendant appearance

alternative jurisdiction

subsidiary jurisdiction

Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and nforcement of decisions in matters of matrimonial property regimes.

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