La función de la autonomía conflictual y la regulación de las relaciones patrimoniales de familia

The Role of the Party Autonomie on Choice of Law and Regulation of Family Property Relations New regulations on property consequences of marriages and registered partnerships are going to be approved in the near future. One of the features in those proposals is the admission of the party autonomy. Some diffidence can be observed in the preparatory works leading to the regulations, especially in the original Commission’s proposal regarding partners. Also in the latest version of the proposals, after the amendments of the EP and the Council, the admission of party autonomy is bounded. The most important limits are: 1. connection between party autonomy and proximity; 2. connection between choice of forum and choice of law; 3. formal validity requirements. Party autonomy in matters related to family relationships is an important mean for the organization of private economical relationships. Anyway the limits risk to make the rules not easily understandable and the choice too complicated, so that the spouses and partners would prefer not to choose, or they risk to make mistakes in the law or forum chosen. More linear solutions, although limiting the possibilities of choice, could be approved. Parties need to organize their properties and economic relations, according to the principles of predictability and legal certainty.