An Examination of the Choice of Law Rules Governing the Applicable Law to the Matrimonial Property Regime

Authors : Sibel Özel

Pages : 827-857

View : 79 | Download : 213

Publication Date : 2025-12-31

Article Type : Research Paper

Abstract :There is no uniformity regarding the connecting factors used to determine the applicable law to matrimonial property regimes with an international element. The primary reason for this lack of uniformity lies in the question of whether it is equitable to rely on the principle of immutability when determining the applicable law to matrimonial property. As the initially fixed connecting factor may shift over time, the question of whether the law of the spouses’ first common law or their last common law should prevail becomes crucial and may lead to significantly different outcomes. The liquidation of the matrimonial property regime often becomes highly complex due to the passage of time, the spouses living (jointly or separately) in different countries, and acquiring assets in different times and different jurisdictions. Therefore, party autonomy through a valid choice of law represents the most equitable solution. If the spouses conclude not only a matrimonial property agreement but also a choice of law agreement, the courts will conduct the division of matrimonial assets with this chosen law.
Keywords : Evlilik mal malları, hukuk seçimi, ortak vatandaşlık, ortak mutat mesken, değişmezlik prensibi.

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