La exclusión de las obligaciones derivadas del Derecho de familia y sucesiones del ámbito material de aplicación del Reglamento Roma I

Abstract

Obligations arising out of family and successions Law are excluded of the material scope of the 1980 Rome Convention on the law applicable to contractual obligations and of the 593/2008 Regulation (Rome I Regulation), which will replace the prior instrument since December 2009. Despite its double characterisation, it has been considered that obligations arising out of family and successions Law must not be regarded as contractual obligations to be included in the elaboration of the original European private international Law. Accordingly, the Law applicable to those matters has to be determined through other Community instruments. After such an analysis, this article deals with the conflict of Laws perspective of the following three legal institutions: maintenance obligations, agreements on the economic matrimonial regime and successions and wills.