United in Diversity – Regional Unification of the Conflict-of-law Rules in Matters of Matrimonial Property Regimes

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Authors

ZAVADILOVÁ Lucie

Year of publication 2019
Type Article in Proceedings
Conference Universal, Regional, National – Ways of the Development of Private International Law in 21st Century
MU Faculty or unit

Faculty of Law

Citation
Web Open access sborníku
Doi http://dx.doi.org/10.5817/CZ.MUNI.P210-9497-2019-8
Keywords Diversity of Substantive Law; Matrimonial Property Regimes; Matrimonial Property Regulation; Overriding Mandatory Provisions; Public Policy Exception; Regional Unification of the Conflict-of-law Rules
Description The unification of the conflict-of-law rules in matters of matrimonial property regimes at EU level seeks to mitigate differences in substantive law in particular legal systems. The aim of this contribution is to analyse the doctrine of overriding mandatory provisions and consider the applicability of the public policy exception, which limit the application of the law otherwise applicable determined in compliance with the unified conflict-of-law rules. The question author addresses in this paper is whether these institutes of the general part of private international law provide for sufficient safeguards to protect the fundamental values and public interests of the forum law in matters of matrimonial property regimes.
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