Regulations 2016/1103 and 2016/1104 in practice: Analysis from a Belgian perspective

Thienpont, Delphine;Rosenau, Vinciane
(2022) Cross-Border Couples Property Regimes in Action before Courts. Understanding the EU Regulations 1103 and 1104/2016 in Practice — ISBN: [978-84-1122-507-6], p. 77-91, published

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The implementation of the Twin Regulations has not yet been the subject of much case law in Belgium. However, their application raises various questions that will have to be decided in national or European courts. This contribution deals with four issues that arised, or are likely to arise, in Belgian case law: the international jurisdiction of Belgian courts on the attribution, the valuation and the settlement of right of ownership of an immovable property situated in Belgium, the delimitation of the scope of the Succession Regulation and the Matrimonial Property Regimes Regulation, the determination of which issue of the so-called ‘primary regime’ falls within the scope of Regulation 2016/1103 and which of these issues can be qualified as ‘overriding mandatory rules’ and, finally, the potential reclassification of a registered partnership as a marriage and its consequences on the Regulation to be applied. As will be seen, those four issues all converge to the idea of articulation between European and national legal instruments.
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Thienpont, D., & Rosenau, V. (2022). Regulations 2016/1103 and 2016/1104 in practice: Analysis from a Belgian perspective. In M. J. Cazorla González and L. Ruggeri (ed.), Cross-Border Couples Property Regimes in Action before Courts. Understanding the EU Regulations 1103 and 1104/2016 in Practice (p. p. 77-91). Dykinson. https://hdl.handle.net/2078.5/224478