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Jurisdiction in the event of death of one of the spouses Regulation on matrimonial property

The EU-Commission’s proposals for regulations on matrimonial property regimes and property consequenses of registered partnerships Jurisdiction By Ulf Bergquist. Jurisdiction in the event of death of one of the spouses Regulation on matrimonial property Article 3

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Jurisdiction in the event of death of one of the spouses Regulation on matrimonial property

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  1. The EU-Commission’s proposals for regulations on matrimonial property regimes and property consequenses of registered partnerships Jurisdiction By Ulf Bergquist

  2. Jurisdiction in the event of death of one of the spouses • Regulation on matrimonial property • Article 3 • The same court that handles the succession

  3. Jurisdiction in the event of the death of one of the spouses (continued) • The habitual residence of the deceased spouse • EU-Commission’s proposal for a regulation on succession and wills • (October 19th 2009)

  4. Jurisdiction in the case of divorce • Regulation on matrimonial property • Main rule. Article 4 • The same court that handles the divorce proceedings (seven possibilities) • Brussels II bis (EC) No 2201 / 2003

  5. Jurisdiction in the case of divorce (continued) • Important condition • Both spouses agree. If not, Article 5 applies instead

  6. Jurisdiction in the event of death of one of the registered partners • Regulation on property of registered partners • Article 3 • The same court that handles the succession

  7. Jurisdiction in the event of death of one of the registered partners (continued) • The habitual residence of the deceased partner • EU-Commission’s proposal for a regulation on succession and wills

  8. Jurisdiction in the event of death of one of the registered partners (continued) • Note: (Article 3.2) • The court may decline jurisdiction if its law does not recognize the institution of registered partnership. Then Article 5 applies instead.

  9. Jurisdiction in the case of separation between the registered partners • Regulation on property of registered partners • Main rule. Article 4 • The same court that handles the dissolution of the registered partnership

  10. Jurisdiction in the case of separation between the registered partners (continued) • Important condition • Both partners agree. If not, Article 5 applies instead

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