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Council Regulation (EU) 2016/1103 of 24 June 2016
Implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and nforcement of decisions in matters of matrimonial property regimes
- Recitals
CHAPTER I — SCOPE AND DEFINITIONS- CHAPTER II — JURISDICTION
- Article 4 — Jurisdiction in the event of the death of one of the spouses
- Article 5 — Jurisdiction in cases of divorce, legal separation or marriage annulment
- Article 6 — Jurisdiction in other cases
- Article 7 — Choice of court
- Article 8 — Jurisdiction based on the appearance of the defendant
- Article 9 — Alternative jurisdiction
- Article 10 — Subsidiary jurisdiction
- Article 11 — Forum necessitatis
- Article 12 — Counterclaims
- Article 13 — Limitation of proceedings
- Article 14 — Seising a court
- Article 15 — Examination as to jurisdiction
- Article 16 — Examination as to admissibility
- Article 17 — Lis pendens
- Article 18 — Related actions
- Article 19 — Provisional, including protective, measures
- CHAPTER III — APPLICABLE LAW
- Article 20 — Universal application
- Article 21 — Unity of the applicable law
- Article 22 — Choice of the applicable law
- Article 23 — Formal validity of the agreement on a choice of applicable law
- Article 24 — Consent and material validity
- Article 25 — Formal validity of a matrimonial property agreement
- Article 26 — Applicable law in the absence of choice by the parties
- Article 27 — Scope of the applicable law
- Article 28 — Effects in respect of third parties
- Article 29 — Adaptation of rights in rem
- Article 30 — Overriding mandatory provisions
- Article 31 — Public policy (ordre public)
- Article 32 — Exclusion of renvoi
- Article 33 — States with more than one legal system — territorial conflicts of laws
- Article 34 — States with more than one legal system — inter-personal conflicts of laws
- Article 35 — Non-application of this Regulation to internal conflicts of laws
- CHAPTER IV — RECOGNITION, ENFORCEABILITY AND ENFORCEMENT OF DECISIONS
- Article 36 — Recognition
- Article 37 — Grounds of non-recognition
- Article 38 — Fundamental rights
- Article 39 — Prohibition of review of jurisdiction of the court of origin
- Article 40 — No review as to substance
- Article 41 — Staying of recognition proceedings
- Article 42 — Enforceability
- Article 43 — Determination of domicile
- Article 44 — Jurisdiction of local courts
- Article 45 — Procedure
- Article 46 — Non-production of the attestation
- Article 47 — Declaration of enforceability
- Article 48 — Notice of the decision on the application for a declaration of enforceability
- Article 49 — Appeal against the decision on the application for a declaration of enforceability
- Article 50 — Procedure to contest the decision given on appeal
- Article 51 — Refusal or revocation of a declaration of enforceability
- Article 52 — Staying of proceedings
- Article 53 — Provisional, including protective, measures
- Article 54 — Partial enforceability
- Article 55 — Legal aid
- Article 56 — No security, bond or deposit
- Article 57 — No charge, duty or fee
- CHAPTER V — AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS
- CHAPTER VI — GENERAL AND FINAL PROVISIONS
- Article 61 — Legalisation and other similar formalities
- Article 62 — Relations with existing international conventions
- Article 63 — Information made available to the public
- Article 64 — Information on contact details and procedures
- Article 65 — Establishment and subsequent amendment of the list containing the information referred to in Article 3(2)
- 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
- Article 67 — Committee procedure
- Article 68 — Review clause
- Article 69 — Transitional provisions
- Article 70 — Entry into force
- Final