Introduction
On 16.03.2011 the Commission published two Proposals
COM(2011) 126 and
COM(2011) 127 dealing, respectively, with jurisdiction, the applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes and jurisdiction, the applicable law and the recognition and enforcement of decisions regarding the property consequences of registered partnerships. Until its adoption these matters are dealt with according to the rules of the respective national Private international law systems (see Question C. 2 of the national sections). Of particular relevance as regards the applicable law to matrimonial property is
the Hague Convention on the law applicable to matrimonial property of 14 March 1978 which has been ratified by Austria, France, Luxembourg, The Netherlands and Portugal (see Question D. 3 of the national sections).
‘Matrimonial property’ and ‘Marriage contract’ are given an autonomous meaning. A ‘matrimonial property regime’ is a set of rules concerning the property relationships of spouses, between the spouses and in respect of third parties and a 'marriage contract' is any agreement by which spouses organise their property relationships between themselves and in relation to third parties.