Matrimonial property regimes after the 29.1.2018


After the 29.1.2019, the new Regulation (EU) 2016/1103 matrimonial property regimes will enter into force. Until now, international law on matrimonial property right were dyed by Law. No. 91/2012, International Private Law. A novelty, which in our previous legal situation existed only with a contractually agreed matrimonial situation, is the applicable law. Another novelty is the so-called unity of matrimonial property law, which gives us the advantage that the applicable law applies to all property, no matter where it is located. Both novelties refer to decisions made from January 29. 2019.

The question is, what happens with decisions, which were made before the 29.1.2019 on the basis of the old international private law? Such a question is not dealt by the transitional provisions.

We therefore believe, that such decisions remain valid under the current rules and that it is necessary to take a new decision of the applicable law in order to subordinate it to the new rules.