El Reglamento ( UE) 2016 / 1104 en materia de efectos patrimoniales de las uniones registradas y su contribución a la armonización del Derecho de familia europeo

Zusammenfassung

The Regulation (EU) No 2016/1104 of the Council of 24 June 2016, implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of the property consequences of registered partnerships, effectively eliminates an important legislative vacuum. This is a regulation that, far from unifying material rights of different Member States, conforms to provide homogeneous solutions in the field of conflict of laws and jurisdictions. The various formulas with which the phenomenon of cohabiting couples has been regulated in some of the countries that have provided for it, coupled with the absence of regulation in other national territories, lead to a disparity such that the initial enthusiasm shown by the appearance of this milestone regulatory framework in the field of family law becomes questionable when we deepen over the details of this new legal reality. For this reason, we analyse the main aspects of the Regulation, with the intention of providing the legal operator with some hermeneutic options that pursue the justice of the result.