Bibliografía - Novedad Editorial

Acaba de aparece la obra colectiva "The EU Regulations on the Property Regimes of International Couples. A Commentary", editada por Ilaria Viarengo y Pietro Franzina y publicada por Edward Elgar Publishing.

This article-by-article Commentary on EU Regulations 2016/1103 and 2016/1104 critically examines the uniform rules adopted by the EU to deal with the property relations of international couples, both married and in registered partnerships. It offers a comprehensive side-by-side discussion of the two Regulations to provide context and a deeper understanding of the issues of jurisdiction, applicable law and recognition of judgements covered.
Written by experts from a variety of European countries, this Commentary draws on scholarship and practice from a number of EU states to enrich its analysis and explore pertinent questions of jurisprudence. It also highlights the close relationship of the Regulations with other legislative measures of the EU in the field of private international law, such as on matters of succession and matrimonial matters.
This Commentary will be a crucial reference source for practitioners working as family litigation lawyers, estate planning lawyers and notaries. It will also be of interest to scholars and other practitioners working in the field of private international law.

Extracto del índice de la obra:

General Introduction by Pietro Franzina and Ilaria Viarengo

CHAPTER I SCOPE AND DEFINITIONS
Introduction by Pietro Franzina
Article 1 Scope | Comment by Andrés Rodríguez Benot
Article 2 Competence in matters of matrimonial property regimes [of property consequences of registered partnerships] within the Member States | Comment by Silvia Marino
Article 3 Definitions | Comment by Andrés Rodríguez Benot

CHAPTER II JURISDICTION
Introduction by Andrea Bonomi
Article 4 Jurisdiction in the event of the death of one of the spouses [partners] | Comment by Andrea Bonomi
Article 5 Jurisdiction in cases of divorce, legal separation or marriage annulment [in cases of dissolution or annulment] | Comment by Ilaria Viarengo
Article 6 Jurisdiction in other cases | Comment by Pietro Franzina
Article 7 Choice of court | Comment by Pietro Franzina
Article 8 Jurisdiction based on the appearance of the defendant | Comment by Sabine Corneloup
Article 9 Alternative jurisdiction | Comment by Pietro Franzina
Article 10 Subsidiary jurisdiction | Comment by Pietro Franzina
Article 11 Forum necessitatis | Comment by Giacomo Biagioni
Article 12 Counterclaims | Comment by Giacomo Biagioni
Article 13 Limitation of proceedings | Comment by Pietro Franzina
Article 14 Seising a court | Comment by Pietro Franzina
Article 15 Examination as to jurisdiction | Comment by Pietro Franzina
Article 16 Examination as to admissibility | Comment by Pietro Franzina
Article 17 Lis pendens | Comment by Csongor István Nagy
Article 18 Related actions | Comment by Csongor István Nagy
Article 19 Provisional, including protective, measures | Comment by Lidia Sandrini

CHAPTER III APPLICABLE LAW
Introduction by Pietro Franzina
Article 20 Universal application | Comment by Dieter Martiny
Article 21 Unity of the applicable law | Comment by Dieter Martiny
Article 22 Choice of the applicable law | Comment by Christian Kohler
Article 23 Formal validity of the agreement on a choice of applicable law | Comment by Christian Kohler
Article 24 Consent and material validity | Comment by Christian Kohler
Article 25 Formal validity of a matrimonial [partnership] property agreement | Comment by Pietro Franzina
Article 26 Applicable law in the absence of choice by the parties | Comment by Dieter Martiny
Article 27 Scope of the applicable law | Comment by Janeen M. Carruthers
Article 28 Effects in respect of third parties | Comment by Janeen M. Carruthers
Article 29 Adaptation of rights in rem | Comment by Patrick Wautelet
Article 30 Overriding mandatory provisions | Comment by Martin Gebauer
Article 31 Public policy (ordre public) | Comment by Martin Gebauer
Article 32 Exclusion of renvoi | Comment by Martin Gebauer
Article 33 States with more than one legal system – territorial conflicts of laws | Comment by Beatriz Campuzano Díaz
Article 34 States with more than one legal system – inter-personal conflicts of laws | Comment by Beatriz Campuzano Díaz
Article 35 Non-application of this Regulation to internal conflicts of laws | Comment by Beatriz Campuzano Díaz

CHAPTER IV RECOGNITION, ENFORCEABILITY AND ENFORCEMENT OF DECISIONS
Introduction by Pietro Franzina
Article 36 Recognition | Comment by Pietro Franzina
Article 37 Grounds of non-recognition | Comment by Gilles Cuniberti
Article 38 Fundamental rights | Comment by Martin Gebauer
Article 39 Prohibition of review of jurisdiction of the court of origin | Comment by Carola Ricci
Article 40 No review as to substance | Comment by Csongor István Nagy
Article 41 Staying of recognition proceedings | Comment by Elena D’Alessandro
Article 42 Enforceability | Comment by Gilles Cuniberti
Article 43 Determination of domicile | Comment by Jacopo Re
Article 44 Jurisdiction of local courts | Comment by Jacopo Re
Article 45 Procedure |Comment by Elena D’Alessandro
Article 46 Non-production of the attestation | Comment by Elena D’Alessandro
Article 47 Declaration of enforceability | Comment by Elena D’Alessandro
Article 48 Notice of the decision on the application for a declaration of enforceability | Comment by Elena D’Alessandro
Article 49 Appeal against the decision on the application for a declaration of enforceability | Comment by Elena D’Alessandro
Article 50 Procedure to contest the decision given on appeal | Comment by Elena D’Alessandro
Article 51 Refusal or revocation of a declaration of enforceability | Comment by Gilles Cuniberti
Article 52 Staying of proceedings | Comment by Elena D’Alessandro
Article 53 Provisional, including protective, measures | Comment by Lidia Sandrini
Article 54 Partial enforceability | Comment by Gilles Cuniberti
Article 55 Legal aid | Comment by Csongor István Nagy
Article 56 No security, bond or deposit | Comment by Csongor István Nagy
Article 57 No charge, duty or fee | Comment by Csongor István Nagy

CHAPTER V AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS
Introduction by Pietro Franzina
Article 58 Acceptance of authentic instruments | Comment by Pietro Franzina
Article 59 Enforceability of authentic instruments | Comment by Pietro Franzina
Article 60 Enforceability of court settlements | Comment by Gilles Cuniberti

CHAPTER VI GENERAL AND FINAL PROVISIONS
Introduction by Pietro Franzina
Article 61 Legalisation and other similar formalities | Comment by Csongor István Nagy
Article 62 Relations with existing international conventions | Comment by Cristina M. Mariottini
Article 63 Information made available to the public | Comment by Jacopo Re
Article 64 Information on contact details and procedures | Comment by Jacopo Re
Article 65 Establishment and subsequent amendment of the list containing the information referred to in Article 3(2) | Comment by Jacopo Re
Article 66 Establishment and subsequent amendment of the attestations and forms referred to in point (b) of Article 45(3) and Articles 58, 59 and 60 | Comment by Silvia Marino
Article 67 Committee procedure | Comment by Silvia Marino
Article 68 Review clause | Comment by Silvia Marino
Article 69 Transitional provisions | Comment by Giacomo Biagioni
Article 70 Entry into force | Comment by Giacomo Biagioni

Annex 1 Preamble to Council Regulation (EU) 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.
Preamble to Council Regulation (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships.

Annex 2 Council Decision (EU) 2016/954 of 9 June 2016 authorising enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships.

Annex 3 Commission Implementing Regulation (EU) 2018/1935 of 7 December 2018 establishing the forms referred to in Council 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 [2018] OJ L314.

Annex 4 Commission Implementing Regulation (EU) 2018/1990 of 11 December 2018 establishing the forms referred to in Council Regulation (EU) 2016/1104 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships [2018] OJ L320.

Annex 5 Information provided by the Member States in accordance with Article 64 of the Property Regimes Regulations.

Ficha:

I. Viarengo, P. Franzina (Eds.)
"The EU Regulations on the Property Regimes of International Couples. A Commentary"
Edward Elgar Publishing, Cheltenham UK, 2020
608 pp. - £195.00 - eBook: £156.00
ISBN: 978-1-78811-508-7