ro fr
universul juridic magazin
Revista Română de Drept Privat

The European legislator’s view on the patrimonial regimes of the international couples

The presence of international couples is one of the variables that the European legislator values in the context of the imperative legislative harmonization and unification at regional level. In 2011, were drafted a proposal for a Regulation on jurisdiction, applicable law, recognition and enforcement of judgments in matrimonial property regimes and a proposed Regulation on jurisdiction, applicable law, recognition and enforcement of judgments in the field of the patrimonial effects of registered partnerships. The two proposals were amended by a legislative resolution, in 2013, and in June 2016 were adopted the implementing regulations of some consolidated cooperation forms in matrimonial regimes domain and in registered partnerships’ patrimonial effects domain. None of the two regulations was designed to bring amendments to the substantive law of EU Member States but was developed, exclusively, in relation to judicial cooperation matters. However, the adoption of the two acts is challenged by a series of difficulties, as in family relationships the legacy of tradition and the national specificity are significant and leave a relatively narrow place for changes. Incidentally, the two proposals for regulations want to intervene in matters in which even European regulations known big differences, from state to state. So far, in the context of European law, matrimonial and registered partnerships remain an area partially situated under the sign de lege ferenda. The new evolutions, in the field of legal patrimonial effects of the couple life, should be decanted slowly and without the pressure of perfect and universal solutions. From this perspective, the European legislator and the European judge are vectors of wisdom, balance and consistency.