El régimen conflictual de las capitulaciones en los nuevos reglamentos de la Unión Europea en materia de regímenes económicos matrimoniales y efectos patrimoniales de las uniones registradas

Matrimonial property agreements have been, from a private international law perspective, an area traditionally open to freedom of choice, i.e., which allows the parties within the relationship to choose the applicable law. Even though matrimonial property agreements have been considered a classical issue in Private International law the subject needs to be revisited. Firstly, because of the entry into force of two EU Regulations with regard to matters of matrimonial property regimes and the property consequences of registered partnerships and their impact on the conflicts of law treatment of marital property agreements. Secondly, because of the new legal and social context in which marital agreements have to be framed; a context characterized by a clear trend towards increasing the role of party autonomy in family matters.