Adaptation of Rights in Rem According to the EU Regulation on Matrimonial Property Regimes

Zavadilová, Lucie (2017) Adaptation of Rights in Rem According to the EU Regulation on Matrimonial Property Regimes. STUDIA JURIDICA ET POLITICA JAURINENSIS, 4 (2). pp. 50-61. ISSN 2064-5902

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Abstract

In June 2016 the Regulation (EU) 2016/1103 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes has been adopted. According to its Preamble, the Regulation should not affect the limited number of rights in rem (the numerus clausus principle) known in the national law of the particular Member State. Nevertheless, the spouses should be allowed to enjoy in another Member State the rights which have been created or transferred to them as a result of the matrimonial property regime. Therefore, Article 29 of the Regulation provides for the adaptation of an unknown property right to the closest equivalent right under the law of that other Member State. The aim of this contribution is to describe the concept of adaptation and analyse how adaptation of rights in rem can be used in the context of matrimonial property regimes.

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