Post by account_disabled on Mar 12, 2024 1:26:28 GMT -5
Firstly, the law of the first common habitual residence would be applicable of the spouses after the celebration of the marriage would be applicable.
In the absence of common habitual residence, the second point of connection will be the law of the common nationality of the spouses. at the time of the celebration of the marriage.
In the absence of common nationality, the law with which Email Data both spouses have the closest connection will be applicable. at the time of the celebration of the marriage will apply, taking into account all the circumstances.
Although, it is important again to keep in mind the date of entry into force of the aforementioned regulation , as it does not apply to those marriages celebrated prior to January 29, 2019.
For such marriages , article 9.2 of the Civil Code will continue to apply : “2. The effects of the marriage will be governed by the common personal law of the spouses at the time of contracting it; in default of this law, by the personal law or the habitual residence of either of them, chosen by both in an authentic document granted before the celebration of the marriage; In the absence of this choice, by the law of the common habitual residence immediately following the celebration, and, in the absence of said residence, by that of the place of celebration of the marriage.”
The applicable law will apply to all assets included in the economic regime, regardless of the country in which the assets are located.
In the absence of common habitual residence, the second point of connection will be the law of the common nationality of the spouses. at the time of the celebration of the marriage.
In the absence of common nationality, the law with which Email Data both spouses have the closest connection will be applicable. at the time of the celebration of the marriage will apply, taking into account all the circumstances.
Although, it is important again to keep in mind the date of entry into force of the aforementioned regulation , as it does not apply to those marriages celebrated prior to January 29, 2019.
For such marriages , article 9.2 of the Civil Code will continue to apply : “2. The effects of the marriage will be governed by the common personal law of the spouses at the time of contracting it; in default of this law, by the personal law or the habitual residence of either of them, chosen by both in an authentic document granted before the celebration of the marriage; In the absence of this choice, by the law of the common habitual residence immediately following the celebration, and, in the absence of said residence, by that of the place of celebration of the marriage.”
The applicable law will apply to all assets included in the economic regime, regardless of the country in which the assets are located.