5. Unity of the applicable law (art 21)

ELRA statement: Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes

Statement by the Board of the European Land Registry Association (ELRA) concerning the Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes

Following the questionnaires and debates of the ELRA CPs, we found a great diversity among MS whether information about REM is checked, registered or disclosed by the land registry, notary or any other public organ.

In order to accomplish the principle of the unity of the applicable law, the possibility to disclose or register foreign matrimonial property regimes should be improved within MS. Technological tools or mechanisms could also be developed to exchange this sort of information.

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