The increased mobility of individuals within the European Union and worldwide has led to a rise in cases involving cross-border property relations of couples. In addressing these cases, the connection to multiple legal orders requires courts to consider the rules of private international law, enabling them to determine international jurisdiction, applicable law, and the conditions for recognition and enforcement of foreign decisions.
To improve the legal position of cross-border couples, the European Union adopted the Regulation on Matrimonial Property Regimes (Regulation (EU) 2016/1103) and the Regulation on the Property Consequences of Registered Partnerships (Regulation (EU) 2016/1104), which became applicable on 29 January 2019. Despite their adoption, relevant provisions on cross-border property regimes of couples remain partially governed by national private international law rules and international treaties. Consequently, the regulation of a couple's property relations can vary considerably depending on the legal source applied and the type of partnership from which the property relations arise.
The doctoral thesis aims to offer a comprehensive analysis of the cross-border property relations of couples, focusing particularly on the sources of private international law applicable before Slovenian courts. It also refers to relevant provisions of Slovenian civil procedural and family law. The effectiveness of the current legal framework is evaluated, and specific proposals for its improvement are put forward. Special attention is given to the implementation of the Property Regulations into the Slovenian legal system. The proposed solutions may also serve as a foundation for the implementation of other European regulations in the field of private international law. This thesis thus aims to establish the groundwork for further research in the area of cross-border family law, while providing answers to open questions that have emerged in practice and are likely to arise in the future.
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