Concurrence of forum and applicable law for divorce of international marriage and related liquidation of matrimonial property regime
Abstract
The article deals with mutual interplay between basic rules of private international law - rules that determine international jurisdiction and rules that determine applicable law. These rules are in principle independent norms fulfilling different functions and not necessarily interconnected.
Under certain conditions, however, their coordination may result in concurrence of forum and applicable law, when the court deciding on the merits applies its own substantive law. The article focuses on the various ways in which the concurrence of forum - ius (forum and applicable law) can be achieved and analyses in detail if and to which extent the concurrence of forum and applicable law can be achieved in a sub-area of international family law - in cross-border divorce and liquidation of matrimonial property regime as a result of divorce.
As a part of the analysis the relevant connecting factors, relevant moments of their assessment and the degree of party autonomy (the possibility of the parties to choose court and applicable law) are put under scrutiny.