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?
The spouses’ personal and property relations are regulated by the law of the country of which both spouses are citizens. If they are citizens of different countries, the law of the country of their permanent residence is applied. If they are not citizens of the same country and do not have a permanent residence in the same country, the law of the country in which they were last jointly resident is applied. If the applicable law cannot be determined according to these rules, the law of the country to which the spouses have the closest relation is applied (Art. 38(1) of the Private International Law and Procedure Act).
Likewise, property relations between unmarried cohabiting partners are governed by the law of the country of their common citizenship. If they do not share a common citizenship, the law of the country of their joint residence is applied.
If a married couple has entered into an agreement concerning their property, the applicable law shall be the law that was applicable to their property relations at the time they entered into the agreement.
Bilateral conventions on international legal assistance that contain conflict-of-law rules on matrimonial property relations have been concluded with the Czech Republic, France, Hungary, Mongolia, Poland, Romania, the Russian Federation and Slovakia (see http://www.mp.gov.si/).
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)?
Spouses may choose the law which shall apply to their property relations if the law originally applicable to their property relations allows such a choice (Art. 39 of the Private International Law and Procedure Act). However, the selected law will not be applied if the effect of its application would be contrary to the public policy of the Republic of Slovenia (Art. 6 of the Private International Law and Procedure Act). Slovenian law itself does not provide for the choice of applicable law.
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Couples in Slovenia
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