Aspects of European law concerning the law applicable to the matrimonial regime

Abstract

Given the significant divergences in the objective rules of conflict in matters of matrimonial regimes, the implementation of which, beyond the difficulties involved, also undermines the legitimate expectations of the spouses, the admission of the principle of autonomy of the willpower is a salutary solution. This is likely to ensure both the realization of the substantial interests of the spouses, as well as legal certainty and predictability and greater simplicity in resolving problems in a cross-border context. The study is dedicated to the concrete solutions adopted in this area by the European legislator in Regulation 1103/2016, with a view to most clearly delimiting the regime of this principle from the point of view of its admissibility and limits. The rules of the new Romanian Civil Code (art. 2590 and art. 2591) and the Hague Convention of March 14, 1978 on the law applicable to matrimonial regimes will be taken into account as a comparative benchmark, in order to ensure a sufficiently broad context discussions and to adequately illustrate the implications of European texts.