Activities of Axel VOSS related to 2011/0060(CNS)
Legal basis opinions (0)
Amendments (11)
Amendment 106 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In Member States where registered partnership as such, or a form of it, does not exist, such an instrument shall not be established by this Regulation.
Amendment 109 #
Proposal for a regulation
Recital 18
Recital 18
(18) To facilitate theregistered partners'’ management of their property, the law of the Member State where the partnership was registered will apply to all the partners' property, even if this law is not the law of a Member State. is Regulation should authorise them to choose the law applicable to their property, regardless of the nature or location of the property, among the legal systems with which they have close links because of residence or their nationality. There is no reason why this choice should be denied to registered partnerships. If the partners choose a law which does not recognise registered partnerships, the choice of law should be considered null and void. The law determined by the objective connection should then be applied. Even though the parties concerned are generally well informed about their rights, the requirement concerning particular legal protection should be countered by the requirement for judicial advice on the impact of the choice of law. This requirement shall be fulfilled, in particular, where the advice is guaranteed by additional formal rules concerning the choice of law, notably on notarisation.
Amendment 114 #
Proposal for a regulation
Recital 25
Recital 25
(25) While tThe law applicable to the property consequences of registered partnerships must, under this Regulation, govern the legal relationship between a registered partner and a third party, the conditions for relying on that law should be. However, in the interests of the third party’s protection, neither partner in a legal regulated by the law of the Member State of habitual residence of the partner or the third party, in the interests of the third party's protection. The law of that Member State may thus provide that the partner may invoke the law of his or ionship between one of the partners and a third party should be able to invoke this right if the partner who has a legal relationship with the third party, and the third party, are habitually resident in the same State, which is not the State whose law is applicable to ther property regime against the third party only if the conditions of registration or disclosure laid downof the registered partnership. Exceptions should apply if the third party does not merit protection, in othat Member State have been complied with, unlesser words if the third party was aware or ought to have been aware of the law applicable to the property consequences of the registered partnership, or if the requirements applicable to registration or publicity in the State were complied with.
Amendment 121 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15a Choice of applicable law (1) The partners or future partners may agree on or change the law applicable to the property regime of their registered partnership if the law is that of one of the following States: (a) the law of the State in which the partners or future partners or one of these is habitually resident at the time the choice is made, if the chosen law recognises the institution of registered partnership, or (b) the law of a State of which one of the partners or future partners is a national at the time the choice is made, if the chosen law recognises the institution of registered partnership, or (c) the law of a State in which the partnership is registered. If the law chosen pursuant to (a) or (b) does not recognise the institution of registered partnership, the applicable law shall be determined in accordance with Article 15. (2) Unless the partners decide otherwise, a change of the law applicable to the property regime of their registered partnership made during the partnership shall be effective only in the future. (3) If the partners choose to make that change retroactive, its retroactive effect shall not affect the validity of previous transactions entered into under the law applicable prior to the change or the rights of third parties under the law previously applicable.
Amendment 122 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 123 #
Proposal for a regulation
Article 15 b (new)
Article 15 b (new)
Amendment 124 #
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Amendment 125 #
Proposal for a regulation
Article 16 b (new)
Article 16 b (new)
Article 16b Formal requirements for a partnership agreement Formal aspects of a partnership agreement shall be governed mutatis mutandis by Article 16a. Any additional formal requirements within the meaning of Article 16(a)(3) shall for the purposes of Article 16(b) relate only to the partnership agreement.
Amendment 126 #
Proposal for a regulation
Article 17
Article 17
The provisions of this Regulation shall – notwithstanding any transaction protection provisions pursuant to Article 31 – be without prejudice to the application of imperative provisions the upholding of which is regarded as crucial by a Member State for safeguarding its public interests, such as its political, social or economic organisation, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the property consequences of a registered partnership under this Regulation.
Amendment 131 #
Proposal for a regulation
Article 25
Article 25
Under no circumstances may a foreign decision given in a Member State be reviewed as to its substance.
Amendment 132 #
Proposal for a regulation
Article 26
Article 26
A court of a Member State in which recognition is sought of a decision given in another Member State is granted may stay the proceedings if an ordinary appeal against the decision has been lodged in the Member State of origin.