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Guest lecture on Twin Property Regulations

We are trilled to anounce that Professor Neža Pogorelčnik Vogrinc from University of Ljubljana (Slovenia) agreed to give a guest lecture 2022. Professor Neža Pogorelčnik Vogrinc will speak on EU Twin Property Regulations. 

The lecture will take place on Monday, 10th January 2022, at 11:30 in MS Teams. Any person interested in this lecture may register by writing at anna.wysocka@uj.edu.pl

Please find below an introduction to the lecture prepared by our Guest. 

EU Twin Property Regulations

Family relations and the regulation thereof is a sensitive matter. While they are primarily important to individuals, the state’s relationship to family relations is delicate as well. The progressiveness of such regulation depends in particular on how developed a society is and on the climate in each respective state. European Union Member States range across a broad spectrum as regards both progressiveness and social climate, which became evident (yet again) in the procedure for formulating and adopting a single European legal framework for the property consequences of marriage and registered partnerships.

The 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 and the Council Regulation (EU) 2016/1104 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships (together called as the Twin Regulations) were adopted via the mechanism of enhanced cooperation. The Twin Regulations are therefore not applicable in all EU Member States. However, in Belgium, Bulgaria, the Czech Republic, Germany, Greece, Spain, France, Croatia, Italy, Luxembourg, Malta, the Netherlands, Austria, Portugal, Slovenia, Finland, Sweden, and Cyprus the Twin Regulations replace national private international rules regarding the jurisdiction, applicable law and recognition and enforcement of decisions in matters of matrimonial property regimes and property consequences of registered partnerships.

The lecture will be centred around the rules on jurisdiction and applicable law as they are determined in the Twin Regulations. However, we will not focus only on provisions themselves, but also point out all the obstacles and the problems related to the jurisdiction and applicable law that derive from the fact that the Twin Regulations do not apply in of the EU Member State