Activities of Klaus-Heiner LEHNE related to 2011/0059(CNS)
Legal basis opinions (0)
Amendments (6)
Amendment 108 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) To take account of certain rules of the Member States, in particular those for protection of the family home and for assigning rights of use in relations between the spouses, the Regulation should not prevent the application of overriding mandatory rules by the court before which a matter is brought, and should therefore allow a Member State to set aside the application of a foreign law in favour of its own. For this purpose ‘overriding mandatory rules’ should refer to imperative provisions, the upholding of which is regarded as crucial by a Member State for safeguarding its public interests, particularly its political, social or economic organisation. In order, for example, to protect the family home, the Member State where the home is located should be permitted to apply its own law, without prejudice to the transaction protection provisions applicable in the Member State concerned, whose precedence is guaranteed by Article 35.
Amendment 110 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
The law applicable to the matrimonial property regime pursuant to Articles 16 and 17 shall govern, in particular, without prejudice to Article 1(3)(f) and (fa): (a) the division of the spouses’ property into different categories before and after the marriage; (b) the transfer of property from one category to another; (c) liability for the spouse’s debts, where necessary; (d) the spouses’ rights of disposal during the marriage; (e) dissolving and liquidating the matrimonial property regime and division of property in the event of dissolution of the marriage; (f) the impact of the matrimonial property regime on a legal relationship between one of the spouses and a third party on the basis of Article 35. Procedural elements shall be excluded from the scope of the applicable law.
Amendment 111 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
(1) The agreement on the choice of applicable law shall be made in the way specified for the marriage contract, either by the law of the State chosen or by the law of the State in which the document is drawn upreferred to in Article 16 shall be expressed in writing, dated and signed by both spouses. Any communication by electronic means which provides a durable record of the agreement shall be deemed equivalent to writing.
Amendment 112 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
(2) Notwithstanding paragraph 1, the choice must at least be made expressly in a document dated and signed by both spousesThis agreement shall comply with the formal requirements of the law applicable to the matrimonial property regime or of the law of the State in which the agreement was concluded.
Amendment 113 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
(3) IHowever, if the law of the Member State in which bothe spouses have their common habitual residence at the time of the choice referred to in paragraph 1of applicable law provides for additional formal requirements for this type of agreement or for the marriage contract, these requirements must be complied withshall apply.
Amendment 114 #
Proposal for a regulation
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
(3a) If the spouses are habitually resident in different States at the time of choice of the applicable law and the laws of those States provide for different formal requirements, the agreement shall be formally valid if it satisfies the requirements of either of those laws.