Limits of article 4 of Regulations (UE) 2016/1103 and 2016/1104 on conflicts of jurisdiction related to the rights of widow spouse and surviving partner

Abstract

Given the fragmentation of EU rules on Private International Law, Regulations 2016/1103 and 2016/1104 constitute both an example of the need for interaction among connected norms. Both contain rules on jurisdiction aimed to coordinate with other instruments, like Brussels II bis Regulation (now ter) or European Succession Regulation. This paper focuses on the latter interaction as contemplated in art. 4 of both 2016 Regulations. Nevertheless, the proposed reasoning will be carried out from the limits of those articles, that is, from those aspects that are not covered by the interaction provided by them. Concretely, five limits are analysed: a) existence, validity and recognition of marriage and registered partnership as a preliminary question to the legitimation to beneficiate from patrimonial rights; b) the exclusion of non-registered partnerships and its repercussions on their patrimonial effects; c) jurisdiction on succession-planning acts not covered by the European Succession Regulation; d) the concept of “court” and its application to notaries and e) the concentration of internal jurisdiction.