Zeitliche Anknüpfungsgerechtigkeit im Internationalen Ehegüterrecht der Europäischen Union

Temporal Fairness in Conflict of Laws: The Immutable Connecting Factor under the EU Matrimonial Property Regulation. This article examines the use of a fixed connecting factor in the EU Matrimonial Property Regulation. The instrument covers not only matrimonial property matters in a strict sense but, in principle, all of the property-related relationships existing between spouses. The article begins by demonstrating, from a historical and comparative perspective, that this approach stands as a novelty in European conflict of laws. Consequently, it is not surprising that limits are being considered. The article identifies and examines two possible ways of achieving such a circumscription. First, despite the Regulation's seemingly broad scope of application, the areas excepted from its sphere could be i nterpreted so as to create a narrow conception of matrimonial property law. Second, over-riding mandatory provisions could be used as a means of limiting the application of the Regulation. However, as is also explained, such means of restriction are themselves limited as a result of both the wording of the Regulation and the uniform interpretation of instruments advocated by the CJEU - an interpretive approach which is not always convincing.