Activities of Michèle STRIFFLER 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 (8)
Amendment 26 #
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, movables or immovables, and the liquidation of the regime, in particular as a result of the couple's separation or the death of one of the spouses.
Amendment 28 #
Proposal for a regulation
Recital 16
Recital 16
(16) Where matters of matrimonial property regimes are not linked to a divorce, separation or marriage annulment or to the death of a spouse, the spouses may decide to submit questions related to their matrimonial regime to the courts of the Member State of the law they chose as the law applicable to their matrimonial property regime. Such a decision is expressed by an agreement between the spouses which, provided it is set out in writing and signed by both parties, may be concluded at any moment, even during the proceedings.
Amendment 31 #
Proposal for a regulation
Article 1 – paragraph 3 – point d
Article 1 – paragraph 3 – point d
(d) the succession rights of a surviving spouse who has not remarried,
Amendment 33 #
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 propertymovable or immovable property, irrespective of its location.
Amendment 34 #
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 36 #
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 spouses and expressing their common wish.
Amendment 37 #
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Notwithstanding paragraph 1, the marriage contract must at least be set out in a document dated and signed by both spouses and expressing their common wish.
Amendment 38 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. A decision given in a Member State shall in keeping with the principle of mutual recognition be recognised in the other Member States without any special procedure being required.