4 Amendments of Angelika WERTHMANN related to 2011/0059(CNS)
Amendment 24 #
Proposal for a regulation
Recital 8
Recital 8
(8) To provide married couples with legal certainty as to their property, and to ensure greater legal certainty for married and registered couples in respect of their matrimonial property regimes, it is necessary to harmonise the legal rules in this area as well as to introduce rules that will provide for the automatic recognition and enforcement of judgments in such matters. This will eliminate the current confusion surrounding such regimes in terms of what law applies, which court has jurisdiction etc.; and in order to offer them a degree of predictability, all the rules applicable to matrimonial property regimes should be covered in a single instrument.
Amendment 27 #
Proposal for a regulation
Recital 14
Recital 14
(14) To reflect the increasing career mobility and migration choices of couples during their married life and, to facilitate the proper administration of justice and to establish a clear legal framework within the Union, the rules on jurisdiction in this Regulation provide that matters of matrimonial property regimes, including liquidation of the regime as a result of divorce, legal separation or marriage annulment, are to be dealt with by the courts of the Member State having jurisdiction to deal with the divorce, separation or marriage annulment proceedings under Council Regulation (EC) No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000.
Amendment 28 #
Proposal for a regulation
Recital 16
Recital 16
(16) Where matters of matrimonial property regimes are not linked to a divorce, separation or marriage annulment or to the death of a spouse, the spouses may decide to submit questions related to their matrimonial regime to the courts of the Member State of the law they chose as the law applicable to their matrimonial property regime. The rules on applicable law are known as ‘conflict-of-law rules’ and are designed to determine which of the laws of the different countries will apply in a given case. The applicable law is generally determined on the basis of connecting factors or the lex fori (the national substantive law of the country having legal competence). Such a decision is expressed by an agreement between the spouses which may be concluded at any moment, even during the proceedings.
Amendment 33 #
Proposal for a regulation
Article 2 – point a
Article 2 – point a
(a) ‘matrimonial property regime’: a is a generic term referring to one or more sets of rules concerning the property relationships of spouses, between the spouses and in respect of third parties;incorporated into the law of the jurisdiction governing the ownership and management of property belonging to a couple during marriage and upon divorce.