European property law regulations

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The European goods law regulations include Regulation (EU) No. 2016/1103 and Regulation (EU) No. 2016/1104 .

Regulation (EC) No. 2016/1103 (EheGüVO) regulates the matrimonial property regime and Regulation (EC) No. 2016/1104 (PartGüVO) regulates the property law effects of registered partnerships . Both regulations of the European Union are almost identical in content and regulate cross-border, legal and contractual matrimonial matters. From a legal point of view, this is a standardization of the civil procedure law and the conflict of laws of the participating Union member states .

target

The aim of the European Goods Regulations is to facilitate the free movement of people within the European Union. This applies both to an upright marriage / partnership and to separation or the death of a spouse / partner.

Legal act splitting

The division of the legal acts into two different regulations for married and non-married partners with very similar content is based on different reasons:

  • not all EU member states know the registered partnership as a legal institution,
  • the registered partnership itself is very different (inconsistent) in the EU member states.

application

Spatial scope

Both directly applicable regulations are only binding for the Union member states that participate in enhanced cooperation (Article 20 TEU , Articles 326 to 334 TFEU ) in this area. As of 2019, these are the following 18 EU member states: Belgium , Bulgaria , Germany , Finland , France , Greece , Italy , Croatia , Luxembourg , Malta , the Netherlands , Austria , Portugal , Sweden , Slovenia , Spain , the Czech Republic and Cyprus . Union member states that do not participate in enhanced cooperation are regarded as third countries and only apply their own national law. However, they can join the enhanced cooperation at any time. However, only both regulations can be adopted together in order to ensure equal treatment of partnerships in the EU.

The form of enhanced cooperation was chosen because the unanimity requirement of the Council otherwise required under Article 81 (3) TFEU would not have been achievable, as same-sex marriage or partnership is rejected in some EU member states.

Material scope

Which of the two ordinances is applied to “marriage” or “registered partnership” results from the definition of “registered partnership” in the PartGüVO (Article 3 (1) lit. a PartGüVO). This is an autonomous definition that is independent of the national provisions, but there may be a definition gap, as the term marriage is not specifically defined in the EheüVO and marriages for same-sex partners are also possible in some EU member states.

Choice of law

The spouses or registered partners can choose, change or revoke the law applicable to them within the framework of Article 22 ff of the matrimonial property regulations themselves before, during and during the marriage / partnership as well as during the ongoing marriage / partnership. In principle, the law of the state can be chosen

  • in which the spouses or partners have their habitual residence,
  • whose national is one of the spouses or partners.
  • under whose law the registered partnership was established.

In case of doubt or in the absence of a choice of law agreement, Article 26 of the European Property Law Regulations is followed.

Exceptions

According to Article 1 Paragraph 2 of the respective ordinance, the following are excluded from the scope of the property law ordinances:

  1. the legal and business capacity of the spouse / partner;
  2. the existence, validity or recognition of a marriage / partnership;
  3. the maintenance obligations;
  4. the legal succession after the death of a spouse / partner;
  5. social security;
  6. the right to claim old-age or disability pensions that were acquired during the marriage / partnership and which did not result in any pension income during the marriage / partnership in the event of divorce, separation without dissolution of the marriage bond or the annulment of the marriage or the To transfer or adapt partnership between spouses or, in all these cases, partners;
  7. the nature of the rights in rem to property and
  8. any entry of rights to movable or immovable property in a register, including the legal requirements for such an entry, as well as the effects of the entry or the lack of entry of such rights in a register.

Entry into force and applicability of the property law ordinances

The regulations came into force on the 20th day after their publication in the Official Journal of the European Union (July 27, 2016). The property law ordinances are to be applied to matters that occurred after January 29, 2019.

Web links

Individual evidence

  1. ↑ See also: Recital 42 ff of Regulation (EC) No. 2016/1103 and Regulation (EC) No. 2016/1104.
  2. ↑ Recitals 1, 15, 16, 18 and 70 of Regulation (EC) No. 2016/1103 and Regulation (EC) No. 2016/1104.
  3. ↑ See Recital 16 of Regulation (EC) No. 2016/1103 and Regulation (EC) No. 2016/1104.
  4. ↑ See Article 70 of Regulation (EC) No. 2016/1103 or Regulation (EC) No. 2016/1104.
  5. ↑ Recital 11 of Regulation (EC) No. 2016/1103 and Regulation (EC) No. 2016/1104.
  6. ↑ Recital 13 and Article 70 (2) of Regulation (EC) No. 2016/1103 and Regulation (EC) No. 2016/1104.
  7. ↑ Recital 10 of Regulation (EC) No. 2016/1103 and Regulation (EC) No. 2016/1104.
  8. ↑ Article 3 Paragraph 1 lit. a) PartGüVO:… “registered partnership” is a legally envisaged form of partnership between two persons, whose registration is binding according to the relevant legal provisions and which fulfills the legal formal requirements for establishing it in the relevant provisions .
  9. ↑ Recital 17 EheGüVO: The term "marriage", which is determined by the national law of the member states, is not defined in this regulation.
  10. ↑ Article 70 of Regulation (EC) No. 2016/1103 or Regulation (EC) No. 2016/1104.
  11. ↑ Article 69 f of Regulation (EC) No. 2016/1103 or Regulation (EC) No. 2016/1104.