Regímenes patrimoniales y registros de la propiedad de las parejas transfronterizas
The Twin Regulations on property regimes and the property consequences of cross-border couples exclude from their scope of application matters of real estate and property disclosure (Article 1(2) of the Twin Regulations). Therefore, a close connection exists between a property regime, ownership or j...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8231377 |
| Source: | Revista Internacional de Doctrina y Jurisprudencia, ISSN 2255-1824, Nº. 25, 2021 (Ejemplar dedicado a: Los reglamentos gemelos), pags. 229-249 |
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| Summary: |
The Twin Regulations on property regimes and the property consequences of cross-border couples exclude from their scope of application matters of real estate and property disclosure (Article 1(2) of the Twin Regulations). Therefore, a close connection exists between a property regime, ownership or joint ownership of a property, registration rules and the protection of third parties who, for example, have a claim against one of the couple. The Twin Regulations expressly excluded from their scope ‘any recording in a register of rights in immoveable or moveable property, including the legal requirements for such recording, and the effects of recording or failing to record such rights in a register’ (Article 1(2)(h). But this exclusion made by the Twin Regulations is not conclusive. It specifically does not eliminate the need to study the interference between the law applicable to the property relationship and the lex registri, verifying the impact on the position of the third party who, for various reasons, came into contact with only one or both of the couple. |
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