Council Regulation (EU) 2016/1104Show full title

Article 28 U.K. Effects in respect of third parties

1. Notwithstanding point (f) of Article 27, the law applicable to the property consequences of a registered partnership between the partners may not be invoked by a partner against a third party in a dispute between the third party and either or both of the partners unless the third party knew or, in the exercise of due diligence, should have known of that law.

2. The third party is deemed to possess the knowledge of the law applicable to the property consequences of the registered partnership, if:

(a) that law is the law of:

(i)

the State whose law is applicable to the transaction between a partner and the third party,

(ii)

the State where the contracting partner and the third party have their habitual residence or,

(iii)

in cases involving immoveable property, the State in which the property is situated;

or

(b) either partner had complied with the applicable requirements for disclosure or registration of the property consequences of the registered partnership specified by the law of:

(i)

the State whose law is applicable to the transaction between a partner and the third party,

(ii)

the State where the contracting partner and the third party have their habitual residence, or

(iii)

in cases involving immoveable property, the State in which the property is situated.

3. Where the law applicable to the property consequences of a registered partnership cannot be invoked by a partner against a third party by virtue of paragraph 1, the property consequences of the registered partnership in respect of the third party shall be governed:

(a) by the law of the State whose law is applicable to the transaction between a partner and the third party; or

(b) in cases involving immoveable property or registered assets or rights, by the law of the State in which the property is situated or in which the assets or rights are registered.