Until 28 January 2019, German law in principle allows the choice of applicable law, but limits it to certain legal systems. For example, it is possible to choose the law of a State if one of the spouses is a national of that State or has his or her habitual residence there. Or, referring only to real estate, the law of the place where the property is located may be chosen (Art. 15 para. 2 EGBGB). A choice of law must be written into a public document. Where that choice is made only abroad, it is sufficient to satisfy either the formal conditions applicable to marriage contracts resulting from the law chosen or from the law of the place where the choice is made (Paragraph 14(4) of the EGBGB and Paragraph 15(3) of the EGBGB). For marriages concluded before 28 January 2019, German national regulations apply. In the absence of a choice of applicable law, the ordinary national law of the spouses shall prevail at the time of marriage.
If the spouses do not have the same nationality at that time, the law of the State in which they reside together shall apply. Alternatively, the effects of marriage are subject to the law with which the spouses are most closely related (§ 15 para. 1 EGBGB in conjunction with § 14 para. 1, 1-3 EGBGB). The German-Iranian Treaty of Friendship of 17 February 1929 provides for the application of national law to spouses who are both Iranians in Germany and Germans in Iran (see Final Protocol to Article 8(3) of the EC Treaty). In addition, in accordance with Paragraph 15(4) of the EGBGB, the provisions of the Law on the matrimonial property regime of displaced persons and refugees (German) apply. Look for examples of words and phrases in different contexts. We`ve put together millions of examples of translations into different languages to help you learn languages and do your homework. Is a translation missing, did you notice an error or just want to leave positive comments? Please complete the feedback form.
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You can translate a maximum of 999 characters at a time. Log in or register for free on PROMT. One and translate even more! Translate anywhere, anytime with the free proMT mobile translator for iOS and Android. Try language translation and photos. Paragraph 16(1) of the EGBGB contains a provision on the protection of bona fide third parties who, unless otherwise entered in the register of matrimonial property regimes, may rely on the application of the German matrimonial property regime.
