Council of the European Union 24 June 2016, 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

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European Union · · · Cited by 384 · 24-06-2016

CHAPTER I. SCOPE AND DEFINITIONS
Article 1. Scope
Article 2. Competence in matters of matrimonial property regimes within the Member States
Article 3. 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
Article 58. Acceptance of authentic instruments
Article 59. Enforceability of authentic instruments
Article 60. Enforceability of 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

8.7.2016

Official Journal of the European Union

L 183/1

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European

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