ABSTRACT
Over the centuries, in the European context, life-in-common has been organized in different ways although until very recently the undisputed predominance of marriage has stood out. In addition, the combination of today’s means of communication with the implementation of one of the fundamental goals of the European Union (EU) – the free movement of goods, persons, services and capital – has led to an exponential increase in the number of couples of different nationalities, with obvious consequences for the laws governing their property relations. What are the rules governing the property of married and unmarried couples? Are there any similarities or connections between these systems? Is there a tendency towards unification or harmonization? These are the three main questions that this study seeks to answer. After examining the property regimes applicable to marriage, registered partnerships – if any – and cohabitation in the twenty-seven countries that currently make up the EU, in England and Wales, and in some others that have never been part of the Union (Norway, Switzerland and Iceland), an attempt will be made to shed some light on the question of the convergence or divergence of Family law in Europe. Finally, a brief reference will also be made to the two EU Council Regulations adopted on 24 June 2016 on enhanced cooperation in the field of jurisdiction, applicable law, recognition and enforcement of decisions in matrimonial property regimes and on the property consequences of registered partnerships.
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Antonio Legerén-Molina, Property Regimes of European Spouses and Partners. Towards Their Unification or Just to a Certain Degree of Harmonization?, European Review of Private Law volume 33, issue 3 (2025).
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