Derecho Privado Flashcards
Marriage celebrated in Spain
a) Spaniard - Spaniard, Spaniard - Foreign
1. Civil marriage = by the Spanish authority (judge or a lawyer).
2. Religious marriage = only applicable to religious confessions that have duty in Spain trough specific agreements. (Canonic, Ismalic Comunity, Federation of Israelites, Federation of religious evangelical entities).
b) Two forengeirs
1. Civil marriage = lex loci celebrations if one of them is domiciliated in Spain or the form provided by the law of nationality of the spouses (requires consul acreditation by Spain).
2. Religious marriage = no need domicile, no need agreement in Spain.
Marriage celebrated out of Spain
a) Spaniard - Spaniard, Spaniard - Foreign
1. Civil marriage = lex loci celebrations (by the competent authority) or Spanish consul acreditation in the country of celebration.
2. Religious marriage = provided by the Spanish law (Agreements with Hole See and others) or lex loci celebrations.
b) Two forengeirs
1. Civil marriage = lex loci celebrations or the form provided by the law of nationality of the spouses
2. Religious marriage = form provided by the country of celebration.
Jurisdiction and applicable law for succesions
Jurisdiction: one criteria, Habitual Residence (last one). If not, nationality or the location of the assets.
Applicable law: main criteria, Habitual Residence (last one). It can be the law of a non-member state- The applicable law will govern no matter where the assets are.
Choice of law for succesions
The law that governs is nationality. The form of chocie of the law should be expressed in a declaration. In cases of double nationality, the law will be the one of the state whose nationality had at the time of making the chocie or the death.
The Renvoi can be accepted if a Member State or a Third one wnats to apply his own law due to proximity.
Jurisdiction and law applicable to non-contractual obligations
Jurisdiction: we use Brussles I BIS. The criteria is article 7.2, who sais that the jurisdiction is for the State where the harmful event happened.
If the damage is plural = 1.Global damage, courts where the action was carried out; 2.Local damage, courts of the place where the consecuences are placed.
Applicable law: Rome Regulation II, the law of choice of the parties. If not, art. 4.2 lae of common habitual residence, then 4.1, lex loci damni (court where the damage occurs).
Escape clause = when the delict is manifestly more closely to another State.
Applicable law to divorce in Spain
Determined by Regulation Rome III.
- The applicable law will be the one choosen by the parties.
- In the absent of chocie of law, art.8 establishes rules that can be applied: common residence at the time of the claim, law of last habitual residence, common nationality at the time of the claim and lex fori.
Conflict of Law rules un Succesion
It’s difficult to determine a law due to:
- The mobility of persons
- The number of people taking habitual residence in other countries
- The nunmber of people having assets in more than one jurisdiction
- The legal obstacles in cross-border succesions
Jurisdiction and Applicable Law in Maintenance obligations
We apply council regulation 2008.
Jurisdiction: Appearance of the defendant. Choice of courts is determined by agreement between the parties in a member state. The criteria of choice is HR, Nationality and assets.
If they don’t agree, court where the defendant has HR, where the creditor has his HR.
Applicable law: Hague Convention 2007. Dessignation of law applicable by agreement, generally the law of the State of the HR of the child.
Special rules favouring certain creditor = the creditor is unnable to mantenaince (law of the forum, if not, HR, if not, common nationality).