Registred Partnerships

Overview

The Regulation 2016/1104 simplifies the recognition and enforcement of judgments and the acceptance and enforcement of authentic instruments linked to the property consequences of registered partnerships.

The Regulation establishes harmonised connecting factors to determine the law applicable to the property consequences of partnerships and to designate the jurisdiction competent to rule on all civil law aspects of the property consequences of registered partnerships, concerning both the everyday management of the partners’ assets and their liquidation.

The aim of the Regulation is to overcome hurdles faced by international couples, due to the fragmentation among national systems in Europe.

In the last years, we have seen a remarkable change in terms of legal recognition of relationships. In many jurisdictions couples, regardless their gender, have the option to register as partners. Regarding informal relationships, an increasing number of jurisdictions is designating lex specialis rules.

1. Does your national regulation provide for the possibility of registering a partnership?

1.1 If you answered yes, please confirm if registered partnerships are accepted no matter if the partners or couples are of the same sex gender?

1.2 If you answered no do you think it would be useful to develop efforts in order to organize such registration?

2. Is there a statutory property regime for partnerships whether registered or not?

3. And are there any restrictions on the freedom to establish a property regime?

4. Can a partnership registered in another member state or in a third state have patrimonial effects in your national regulation?

5. Does the dissolution of a non-marital partnership produce succession effects?

5.1 Is it possible to register the right to family home in case of decease or breakout of non-marital partnership?