Pashynskyi A. Legal property regimes of spouses and paired family-type unions in contemporary international family law.

This dissertation is a comprehensive scientific study of the contemporary substantive and conflict-of-law regulation of property regimes of spouses and paired family-type unions (registered partnerships, de facto unions, same-sex marriages) in international family law. The thesis outlines the specifics of classification of matrimonial property regimes based on the author’s analysis of the concept of “matrimonial property regime”. A comprehensive comparative legal analysis of the regulation of matrimonial property regimes in France and Ukraine (limited community of property), England and Wales (separation of property) and Germany (deferred community of property) is carried out. Inter alia, it is demonstrated that the French model contractual regimes of separation and deferred community are similar to the English statutory separation of property regime and German statutory deferred community of property regime respectively. It is determined that the model contractual separation regime in Germany almost completely copies the English statutory separation regime, while the model contractual regime of community is analogous to the French statutory regime of limited community. Given the foregoing, it is established that in Europe there is a convergence of substantive rules between states representing the regimes of limited community, deferred community and separation of property. Such convergence is manifested through the introduction of analogues of statutory matrimonial property regimes from other states as one’s own model contractual regimes.