La determinación de la ley aplicable en los reglamentos en materia de régimen económico matrimonial y efectos patrimoniales de las uniones registradas 2016/1103 y 2016/1104

Abstract

Regulations 2016/1103 and 2016/1104 involve a new step forward in the development of a European Private International Law in the field of Family and Successions. From the perspective of choice-of-law, their solutions are strongly inspired by their conventional and European precedents, creating a new and uniform legal framework with an erga omnes effect for those Member States participating in the enhance cooperation procedure. Those instruments favour party autonomy, establishing solutions in defect of choice of law, which provide legal certainty and predictability for spouses/partners and third parties. Despite their benefits, from a general perspective, those Regulations are not free of uncertainties, apart from the internal problems which are linked to the lack of a Spanish legal framework for registered partnerships.