Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperati... (32016R1103)
Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes
- COUNCIL REGULATION (EU) 2016/1103
- of 24 June 2016
- implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and nforcement of decisions in matters of matrimonial property regimes
- CHAPTER I
- SCOPE AND DEFINITIONS
- Article 1
- Scope
- Article 2
- Competence in matters of matrimonial property regimes within the Member States
- Article 3
- Definitions
- CHAPTER II
- JURISDICTION
- Article 4
- Jurisdiction in the event of the death of one of the spouses
- Article 5
- Jurisdiction in cases of divorce, legal separation or marriage 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 matrimonial 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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