Agreement on choice of applicable law in the matter of relationships in rem between spouses – comparative analysis

Authors:

Pages: 187-191

Abstract:

This article is dedicated to the problem of the agreement on choice of applicable law in matters of relationships in rem between spouses. A short survey of the legislation of the EU member states, as well as some non EU member states, is made. The provision of the Bulgarian Private International Law Code provides that spouses may select an applicable law to govern the relationships in rem therebetween. The choice of applicable law must be evidenced in writing, dated and signed by the spouses. The entry into and the validity of the agreement on choice shall be governed by the selected law. The choice may be made before or after entry into the marriage. The spouses may change or revoke the choice of applicable law.

Keywords:

agreement, choice of law, matrimonial property regimes, party autonomy

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