Council Regulation (EU) 2016/1104Show full title

CHAPTER I U.K. SCOPE AND DEFINITIONS

Article 1 U.K. Scope

1. This Regulation shall apply to matters of the property consequences of registered partnerships.

It shall not apply to revenue, customs or administrative matters.

2. The following shall be excluded from the scope of this Regulation:

(a) the legal capacity of partners,

(b) the existence, validity or recognition of a registered partnership,

(c) maintenance obligations,

(d) the succession to the estate of a deceased partner,

(e) social security,

(f) the entitlement to transfer or adjustment between partners, in the case of dissolution or annulment of the registered partnership, of rights to retirement or disability pension accrued during the registered partnership and which have not generated pension income during the registered partnership,

(g) the nature of rights in rem relating to a property, and

(h) 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 2 U.K. Competence in matters of property consequences of registered partnerships within the Member States

This Regulation shall not affect the competence of the authorities of the Member States to deal with matters of property consequences of registered partnerships.

Article 3 U.K. Definitions

1. For the purposes of this Regulation:

(a) ‘registered partnership’ means the regime governing the shared life of two people which is provided for in law, the registration of which is mandatory under that law and which fulfils the legal formalities required by that law for its creation;

(b) ‘property consequences of a registered partnership’ means the set of rules concerning the property relationships of the partners, between themselves and in their relations with third parties, as a result of the legal relationship created by the registration of the partnership or its dissolution;

(c) ‘partnership property agreement’ means any agreement between partners or future partners by which they organise the property consequences of their registered partnership;

(d) ‘authentic instrument’ means a document in a matter of the property consequences of a registered partnership which has been formally drawn up or registered as an authentic instrument in a Member State and the authenticity of which:

(i)

relates to the signature and the content of the authentic instrument, and

(ii)

has been established by a public authority or other authority empowered for that purpose by the Member State of origin;

(e) ‘decision’ means any decision in a matter of the property consequences of a registered partnership given by a court of a Member State, whatever the decision may be called, including a decision on the determination of costs or expenses by an officer of the court;

(f) ‘court settlement’ means a settlement in a matter of the property consequences of a registered partnership which has been approved by a court, or concluded before a court in the course of proceedings;

(g) ‘Member State of origin’ means the Member State in which the decision has been given, the authentic instrument drawn up, or the court settlement approved or concluded;

(h) ‘Member State of enforcement’ means the Member State in which recognition and/or enforcement of the decision, the authentic instrument, or the court settlement is requested.

2. For the purposes of this Regulation, the term ‘court’ means any judicial authority and all other authorities and legal professionals with competence in matters of property consequences of registered partnerships which exercise judicial functions or act by delegation of power by a judicial authority or under its control, provided that such other authorities and legal professionals offer guarantees with regard to impartiality and the right of all parties to be heard, and provided that their decisions under the law of the Member State in which they operate:

(a) may be made the subject of an appeal to or review by a judicial authority; and

(b) have a similar force and effect as a decision of a judicial authority on the same matter.

The Member States shall notify the Commission of the other authorities and legal professionals referred to in the first subparagraph in accordance with Article 64.