1 Which law applies?
1.1. Which law is applicable to a couple´s property? Which criteria/rules are used to determine the applicable law? Which international conventions have to be respected with regard to certain countries?
Regarding immoveable property, the lex rei sitae rule applies. This means that the property is subject to the law of the country in which it is situated.
1.2. Do the spouses have the option of choosing the applicable law? If so, by which principles is this choice governed (e.g. the laws to be chosen, formal requirements, retro-activity)?
There is no option for spouses to choose the law regulating their matrimonial property regime.
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Couples in Malta
Current country: Germany