Regulation (EU) No. 1259/2010
 Regulation (EU) No. 1259/2010 |
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|---|---|
| Title: | Council Regulation (EU) No. 1259/2010 of December 20, 2010 on the implementation of enhanced cooperation in the field of the law applicable to divorce and separation without dissolution of the marriage bond |
| Designation: (not official) |
Rome III regulation |
| Scope: | EU excluding Denmark , Finland , Ireland , Croatia , Netherlands , Poland , Sweden , Slovakia , United Kingdom , Cyprus |
| Legal matter: | civil right |
| Basis: | TFEU , in particular Article 81 (3) and Decision 2010/405 / EU |
| Procedure overview: |
European Commission European Parliament IPEX Wiki |
| To be used from: | June 21, 2012 |
| Reference: | OJ L 343 of December 29, 2010, pp. 10-16 |
| Full text |
Consolidated version (not official) basic version |
| Regulation has entered into force and is applicable. | |
| Please note the information on the current version of legal acts of the European Union ! | |
The 1259/2010 of the Council implementing enhanced cooperation in the area of the law applicable to divorce and legal separation of the marriage law Regulation (EU) No. Of 20 December 2010 ( Rome III Regulation ) lays down rules for divorces and separations .
The European Council explains the objectives of this regulation: “This regulation should provide a clear, comprehensive legal framework in the area of the law applicable to divorce and separation without dissolution of the marriage bond in the participating Member States, and appropriate solutions for the citizens in terms of legal certainty, predictability and flexibility Guarantee and prevent cases in which a spouse will do everything possible to file for divorce first to ensure that the proceedings are governed by a legal system that, in their opinion, better protects their interests. "
Against the background of the increased mobility of citizens, the Council writes: “This regulation should apply universally, i. In other words, by virtue of their uniform conflict-of-law rules, the law of a participating Member State, a non-participating Member State or the law of a third country should be able to apply. "However, he restricts:" The law chosen by the spouses must be compatible with their fundamental rights recognized by the Treaties and the Charter of Fundamental Rights of the European Union. "
The introduction of a limited choice of law for the parties in Art. 5 is of particular importance .
On January 29, 2013, the law to adapt the provisions of international private law to Regulation (EU) No. 1259/2010 and to amend other provisions of international private law of 23 January 2013 ( Federal Law Gazette I p. 101 ) came into force Force, with which in particular Art. 17 EGBGB was changed. Article 2 of the law on international property law and the amendment of regulations of international private law of December 17, 2018 ( Federal Law Gazette I p. 2573 ) resulted in a further change, according to which divorces that are actually not within the scope of the Rome III regulation fall (in particular private divisions), Chapter II of this Ordinance applies accordingly.
Web links
- Regulation (EU) No. 12591/2010 of the Council for the implementation of enhanced cooperation in the area of the law applicable to divorce and separation without dissolution of the marriage bond of December 20, 2010 (Rome III - Regulation)
- Peter Winkler von Mohrenfels : The new international divorce law (Rome III-VO) 2011
Individual evidence
- ↑ Peter Winkler von Mohrenfels : The Rome III-VO and party autonomy Festschrift for Michael Hoffmann-Becking on his 70th birthday, Munich 2013, pp. 527-542.
- ↑ Adaptation of IPR to Regulation (EU) No. 1259/2010 Düsseldorf Bar Association, 2011.
- ↑ on this ECLI : EU: C : 2017: 988
- ↑ cf. Guide to the recognition of foreign divorces by the President of the Düsseldorf Higher Regional Court (as of March 14, 2019)
