07.07.2025 Kürzlich ist neu erschienen: Europäisches Internationales Eherecht und Drittstaaten

Budzikiewicz, Europäisches Internationales Eherecht und Drittstaaten, IPRax 2025, 333-343

Abstract: The article examines the question of how relations with third countries affect international divorce law, international matrimonial property law and international maintenance law. In the European conflict of laws, the principle of lois uniformes applies. This means that conflict-of-law rules have been established that apply to both EU-related and third-country-related cases. Accordingly, the EU rules on jurisdiction also cover third-country-related cases in principle. Nevertheless, friction and tensions may arise in relation to third countries. This applies, for example, with regard to the primacy of international treaties. But it also covers the creation of limping marriages, the ordre public reservation and conflict-of-law rules relating to form requirements. The fact that both the Rome III Regulation and the European Matrimonial Property Regulation were adopted only by way of enhanced cooperation creates additional conflict potential, as the non-participating Member States are thus third countries, just like the non-EU states. The article deals with the resulting tensions and seeks solutions to overcome them.