Activities of Astrid LULLING related to 2011/0059(CNS)
Shadow opinions (1)
OPINION on the proposal for a Council regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes
Amendments (5)
Amendment 25 #
Proposal for a regulation
Recital 11
Recital 11
(11) The scope of this Regulation should extend to all civil matters in relation to matrimonial property regimes, both the daily management of marital property and the liquidation of the regime, in particular as a result of the couple’s separation or divorce or the death of one of the spouses.
Amendment 32 #
Proposal for a regulation
Article 1 – paragraph 3 – point f a (new)
Article 1 – paragraph 3 – point f a (new)
(fa) pension rights, unless the applicable national law provides for pension rights acquired during marriage to be split in the event of divorce.
Amendment 34 #
Proposal for a regulation
Article 2 – point b
Article 2 – point b
(b) ‘marriage contract’: any agreement by which spouses, on marrying or during their marriage, organise their property relationships between themselves and in relation to third parties;
Amendment 36 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
Such an agreement may be concluded at any time, even during the proceedings. If it is concluded before the proceedings, it must be drawn up in writing and, dated and signed by both parties, and registered in accordance with the procedure laid down in the Member State where it was concluded.
Amendment 37 #
Proposal for a regulation
Article 15
Article 15
The law applicable to a matrimonial property regime under Article 16, 17 and 18 shall apply to all the couple’s common property.