Books Developments in PIL Scholarship

Spanish Book on the Matrimonial Property Regimes Regulation

Pilar Jimenez Blanco (University of Oviedo) has published a monograph on cross border matrimonial property regimes (Regímenes Económicos Matrimoniales Transfronterizos).

The book is an in-depth study of Regulation 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.

The author has kindly provided the following abstract in English:

Regulation (EU) No 2016/1103 is the reference Regulation in matters of cross-border matrimonial property regimes. This book carries out an exhaustive analysis of the Regulation, overcoming its complexity and technical difficulties.

The book is divided in two parts. The first is related to the applicable law, including the legal matrimonial regime and the matrimonial property agreement and the scope of the applicable law. The second part is related to litigation, including the rules of jurisdiction and the system for the recognition of decisions. The study of the jurisdiction rules is ordered according to the type of litigation and the moment in which it arises, depending on whether the marriage is in force or has been dissolved by divorce or death. The conclusions include an overview of the guiding principles of the Regulation and specific solutions for different problems related to matrimonial property regimes (such as the treatment of prenuptial agreements, effects in respect of third parties, the relationship between the matrimonial property regimes or the civil liability of the spouses).

The study merges the rigorous interpretation of UE rules with practical reality and includes case examples for each problem area. The book is completed with a lot of references on comparative law, which show the different systems for dealing with matters of the matrimonial property regime applied in the Member States. It is, therefore, an essential reference book for judges, notaries, lawyers or any other professional who performs legal advice in matrimonial affairs.

The table of contents can be accessed here.

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