Regulation (Eu) 2016/1103 in the Czech Application Practice: Little Experience but High Expectation
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| Year of publication | 2022 |
| Type | Chapter of a book |
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| Description | In our paper, we will first provide a general outline of the Czech family private international law with particular regard to the matrimonial property regimes. Then we will comment on Czech court rulings with legal bases in the Council Regulation (EU) 2016/1103 in the matter of matrimonial property regimes. Our findings in this respect are limited by the fact that not all Czech court’s rulings are published. Only the Czech Constitutional Court and Supreme Court publish all their rulings. Lower courts’ rulings are currently published only exceptionally. Thus, we are commenting on only two court rulings explicitly referring to the Regulation (EU) 2016/1103. Then we point out theoretical and practical questions connected to matrimonial property regimes that arose in connection with the Re the Regulation (EU) 2016/1103. The Czech Republic did not declare its wish to participate in 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 established by Council Regulation (EU) 2016/1104. Therefore, we are not providing any information in this respect. |