Brussels, 11/09/2013 (Agence Europe) - On Tuesday 10 September, the European Parliament (EP) called for equal property rights for international partners in registered partnerships and married couples. The idea is to give everyone the opportunity of choosing what legislation should apply on property rights in the event of marriage or relationship break down.
The EP adopted the two reports by Alexandra Thein (ALDE, Germany) amending the proposals on inheritance in registered partnerships and matrimonial systems. These texts set out rules for identifying which national law applies and which court has jurisdiction in property disputes involving assets in different member states. The initial Commission proposal would automatically subject the property rights of registered partners to the law of the member state in which their partnership was registered. Married couples, by contrast, would be entitled to decide which member state's law applies to their joint property, provided that they have a close connection with that state (habitual residence or nationality). According to the amendments introduced by Parliament, registered partners, like married couples, should be entitled to choose which member state's law will govern their property rights if their partnership ends, provided that they have a close connection to that member state. If registered partners were to choose a member state whose law does not recognise registered partnerships, then this choice would not be valid, stipulates the resolution. In this instance, Parliament is only consulted before the adoption of the final position of the Council.
European notaries welcomed this vote which they described as “moving towards greater legal certainty for 16 million international couples in Europe”. Frank Molitor, President of the Council of the Notariats of the European Union said that “these proposals enhance the couple's legal certainty and provide better protection for third parties, such as creditors. Furthermore, leaving the couple to choose the applicable law will enable them to plan their legal situation”. The Notaries of Europe also support the European Parliament's wish to extend the professio iuris to registered partners who - in the interests of non-discrimination - will be able to enjoy the same autonomy and legal certainty as married couples. (SP/transl.fl)