Activities of Edite ESTRELA 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 (4)
Amendment 26 #
Proposal for a regulation
Recital 12
Recital 12
(12) As maintenance obligations between spouses are governed by Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations, they should be excluded from the scope of this Regulation, as should issues relating to the validity and effect of gifts covered by Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
Amendment 30 #
Proposal for a regulation
Recital 24
Recital 24
(24) Given the importance of choosing the law applicable to the matrimonial property regime, the Regulation must contain some guarantees to ensure that spouses or prospective spouses are aware of the consequences of their choice, including free legal aid when one of the spouses is in financial difficulties. This choice should be made in the form prescribed for the marriage contract by the law of the State chosen or by that of the State where the instrument is drawn up, and at least be in writing and dated and signed by the couple. Any additional formal requirements imposed by the law of the State chosen or that of the State where the instrument is drawn up concerning the validity, disclosure or registration of such contracts should be complied with.
Amendment 31 #
Proposal for a regulation
Article 1 – paragraph 3 – point c
Article 1 – paragraph 3 – point c
Amendment 35 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 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. Before the agreement is concluded, each spouse must be informed individually by a lawyer of the legal implications entailed and he or she shall benefit from free legal aid in cases of financial hardship.