Choosing applicable law might be particularly important for cross-border couples changing their habitual residence during their marriage or partnership time. When and how the choice is made are essential aspects whose implications have been analysed in this chapter. The risks associated with both the timing and the overall context of the choice of law may certainly lead the parties to enter into an agreement with uncertain and/or unfair property consequences, to their detriment or that of the weaker party. However, if these risks are adequately taken into account, the legal professional will guide the couple towards an optimal choice of applicable law and the property regime governing their marriage or registered partnership
Choosing Law and Jurisdiction for Matrimonial Property and Property Consequences of Registered Partnerships: Associated Risks
Viterbo
2022-01-01
Abstract
Choosing applicable law might be particularly important for cross-border couples changing their habitual residence during their marriage or partnership time. When and how the choice is made are essential aspects whose implications have been analysed in this chapter. The risks associated with both the timing and the overall context of the choice of law may certainly lead the parties to enter into an agreement with uncertain and/or unfair property consequences, to their detriment or that of the weaker party. However, if these risks are adequately taken into account, the legal professional will guide the couple towards an optimal choice of applicable law and the property regime governing their marriage or registered partnershipI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
