Council Regulation (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperati... (32016R1104)
Council Regulation (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships
- COUNCIL REGULATION (EU) 2016/1104
- of 24 June 2016
- implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships
- CHAPTER I
- SCOPE AND DEFINITIONS
- Article 1
- Scope
- Article 2
- Competence in matters of property consequences of registered partnerships within the Member States
- Article 3
- Definitions
- CHAPTER II
- JURISDICTION
- Article 4
- Jurisdiction in the event of the death of one of the partners
- Article 5
- Jurisdiction in cases of dissolution or annulment
- Article 6
- Jurisdiction in other cases
- Article 7
- Choice of court
- Article 8
- Jurisdiction based on the appearance of the defendant
- Article 9
- Alternative jurisdiction
- Article 10
- Subsidiary jurisdiction
- Article 11
- Forum necessitatis
- Article 12
- Counterclaims
- Article 13
- Limitation of proceedings
- Article 14
- Seising a court
- Article 15
- Examination as to jurisdiction
- Article 16
- Examination as to admissibility
- Article 17
- Lis pendens
- Article 18
- Related actions
- Article 19
- Provisional, including protective, measures
- CHAPTER III
- APPLICABLE LAW
- Article 20
- Universal application
- Article 21
- Unity of the applicable law
- Article 22
- Choice of the applicable law
- Article 23
- Formal validity of the agreement on a choice of applicable law
- Article 24
- Consent and material validity
- Article 25
- Formal validity of a partnership property agreement
- Article 26
- Applicable law in the absence of choice by the parties
- Article 27
- Scope of the applicable law
- Article 28
- Effects in respect of third parties
- Article 29
- Adaptation of rights in rem
- Article 30
- Overriding mandatory provisions
- Article 31
- Public policy (ordre public)
- Article 32
- Exclusion of renvoi
- Article 33
- States with more than one legal system — territorial conflicts of laws
- Article 34
- States with more than one legal system — inter-personal conflicts of laws
- Article 35
- Non-application of this Regulation to internal conflicts of laws
- CHAPTER IV
- RECOGNITION, ENFORCEABILITY AND ENFORCEMENT OF DECISIONS
- Article 36
- Recognition
- Article 37
- Grounds of non-recognition
- Article 38
- Fundamental rights
- Article 39
- Prohibition of review of jurisdiction of the court of origin
- Article 40
- No review as to substance
- Article 41
- Staying of recognition proceedings
- Article 42
- Enforceability
- Article 43
- Determination of domicile
- Article 44
- Jurisdiction of local courts
- Article 45
- Procedure
- Article 46
- Non-production of the attestation
- Article 47
- Declaration of enforceability
- Article 48
- Notice of the decision on the application for a declaration of enforceability
- Article 49
- Appeal against the decision on the application for a declaration of enforceability
- Article 50
- Procedure to contest the decision given on appeal
- Article 51
- Refusal or revocation of a declaration of enforceability
- Article 52
- Staying of proceedings
- Article 53
- Provisional, including protective, measures
- Article 54
- Partial enforceability
- Article 55
- Legal aid
- Article 56
- No security, bond or deposit
- Article 57
- No charge, duty or fee
- CHAPTER V
- AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS
- Article 58
- Acceptance of authentic instruments
- Article 59
- Enforceability of authentic instruments
- Article 60
- Enforceability of court settlements
- CHAPTER VI
- GENERAL AND FINAL PROVISIONS
- Article 61
- Legalisation and other similar formalities
- Article 62
- Relations with existing international conventions
- Article 63
- Information made available to the public
- Article 64
- Information on contact details and procedures
- Article 65
- Establishment and subsequent amendment of the list containing the information referred to in Article 3(2)
- Article 66
- Establishment and subsequent amendment of the attestations and forms referred to in point (b) of Article 45(3), and Articles 58, 59 and 60
- Article 67
- Committee procedure
- Article 68
- Review clause
- Article 69
- Transitional provisions
- Article 70
- Entry into force
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