Post by account_disabled on Feb 15, 2024 9:18:12 GMT
In the absence of common nationality, the law with which both spouses have the closest connection at the time of the celebration of the marriage will apply, taking into account all the circumstances.
Although, it is important again to keep in mind the date of entry into force of the aforementioned regulation , as it does not apply to those marriages celebrated prior to January 29, 2019.
For such marriages , article 9.2 of the Civil Code will continue to apply : “2. The effects of the marriage will be governed by the common personal law of the spouses at the time of contracting it; in default of this law, by the personal law or the habitual residence of any of them, chosen by both in an authentic document granted before the celebration of the marriage; In the absence of this choice, by the law of the common habitual residence immediately following the celebration, and, in the absence of said residence, by that of the place of celebration of the marriage.”
IV. Territorial competition
Once the law applicable to the matrimonial property Algeria Email List regime has been specified and delimited, we must know which courts will have knowledge of the specific case.
In this sense, articles 4 and following of the aforementioned Regulation 2016/1103 establish the competent jurisdiction depending on the matter.
Regarding those matters in the event of the death of one of the spouses (article 4 of Regulation 2016/1103), it will be the competent body in connection with said succession . The same occurs in the case of divorce, judicial separation or annulment of marriage, as provided in article 5 of Regulation 2016/1103.
If there is no connection in relation to the aforementioned articles, article 6 of Regulation 2016/1103 provides that the courts will be competent :
“a) in whose territory the spouses have their habitual residence at the time of filing the claim before the court, or, failing that,
b) in whose territory the spouses had their last habitual residence , provided that one of them still resides there at the time of filing the claim before the court or, failing that,
c) in whose territory the defendant has his habitual residence at the time of filing the claim before the court, or, failing that,
d) of the common nationality of the spouses at the time of filing the claim before the court.”
Likewise, the parties may also agree that the competent body is that of the court of the Member State whose choice of law is applicable pursuant to Article 22 of Regulation 2016/1103, or failing that, the one established by law according to Article 26 of the Regulation. 2016/1103 and said election must be agreed upon prior written agreement, dated and signed by the parties.
Although, it is important again to keep in mind the date of entry into force of the aforementioned regulation , as it does not apply to those marriages celebrated prior to January 29, 2019.
For such marriages , article 9.2 of the Civil Code will continue to apply : “2. The effects of the marriage will be governed by the common personal law of the spouses at the time of contracting it; in default of this law, by the personal law or the habitual residence of any of them, chosen by both in an authentic document granted before the celebration of the marriage; In the absence of this choice, by the law of the common habitual residence immediately following the celebration, and, in the absence of said residence, by that of the place of celebration of the marriage.”
IV. Territorial competition
Once the law applicable to the matrimonial property Algeria Email List regime has been specified and delimited, we must know which courts will have knowledge of the specific case.
In this sense, articles 4 and following of the aforementioned Regulation 2016/1103 establish the competent jurisdiction depending on the matter.
Regarding those matters in the event of the death of one of the spouses (article 4 of Regulation 2016/1103), it will be the competent body in connection with said succession . The same occurs in the case of divorce, judicial separation or annulment of marriage, as provided in article 5 of Regulation 2016/1103.
If there is no connection in relation to the aforementioned articles, article 6 of Regulation 2016/1103 provides that the courts will be competent :
“a) in whose territory the spouses have their habitual residence at the time of filing the claim before the court, or, failing that,
b) in whose territory the spouses had their last habitual residence , provided that one of them still resides there at the time of filing the claim before the court or, failing that,
c) in whose territory the defendant has his habitual residence at the time of filing the claim before the court, or, failing that,
d) of the common nationality of the spouses at the time of filing the claim before the court.”
Likewise, the parties may also agree that the competent body is that of the court of the Member State whose choice of law is applicable pursuant to Article 22 of Regulation 2016/1103, or failing that, the one established by law according to Article 26 of the Regulation. 2016/1103 and said election must be agreed upon prior written agreement, dated and signed by the parties.