News CNUE, 15 July 2020
Couples in Europe – Matrimonial property regimes and registered partnerships in 33 European countries
Knowledge of foreign law on property relations between spouses and registered partners, especially after the adoption of the two EU Regulations (2016/1103 and 2016/1104), remains of particular interest to legal practitioners (whether judges, notaries or lawyers), as they may often be called upon to deal with property matters of spouses and partners that have cross-border effects.
However, with so many international couples moving and operating in more than one country, even citizens may well be interested in the laws of other countries, in order to be informed and to be able to better organise the legal status of their property relationship with their spouse or partner, as well as succession issues.
“Couples in Europe“ is a practical guide to the laws currently applicable in thirty-three European countries on issues relating to the property rights of spouses and partners, such as the conditions for the validity of marriage and registered partnership, the basic matrimonial and partnership regimes established by law in each country, and the possibilities that each national legislator has conferred with regard to the choice of a property regime different from the one in force.
This collection of reports also covers the assets that constitute the joint or personal property of a couple, as well as joint and personal debts. It discusses the property effects of the default legal matrimonial regime and those of matrimonial agreements between spouses and partnership contracts between partners, as well as between the couple and third parties. It also contains information on the conditions for transferring property (especially real estate) belonging to one or both partners or spouses.
Finally, the book explores the powers of each spouse or partner in property matters, the conditions for the validity of matrimonial and partnership contracts, the publicity of the chosen regime, the existence or absence of an inventory of property, the rules of private international law governing property relations, including the law of professio juris, and other issues.
The thirty-three countries participating in this publication are Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, France, Georgia, Germany, Greece, Hungary, Italy, Kosovo, Latvia, Lithuania, Luxembourg, Montenegro, Northern Macedonia, Poland, Principality of Andorra, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Switzerland, Turkey, Ukraine, United Kingdom.
This edition includes the reports in English or French, depending on the language choice made by the rapporteur for each country. Thus, twenty-seven countries present their legislation in English, while six do so in French. The reports in French are accompanied by summaries in English.
This edition is the result of the collaboration of three European notarial institutions: CAE – IRENE – CNUE.
The coordinator of the project is Marianna Papakyriakou, a notary in Greece and Vice-President of the EAC.