Choice of law to transnational maintenance obligations

Abstract

Matrimonial crises, apart from the emotional impact, present an important legal complexity that requires a proper legal regulation of the different aspects of these relationships. Maintenance obligations are direct consequence of these crises and need an accurate legal framework that provides legal certainty and predictability to the parties. The acceptance of the principle of party autonomy is one of the main innovations introduced by the Hague Protocol on the law applicable to maintenance obligations. This solution corresponds to the growing trend shown by international institutions to recognize the freedom to choose the applicable law, even in areas where it has traditionally been excluded. The provisions of Articles 7 and 8 of the Protocol, although in a limited way, allow the parties to designate the law applicable to maintenance obligations. Article 7 rules the choice of the applicable law in a specific procedure, while article 8 allows the parties to designate the law at any time of the process. This study pretends to analyses articles 7 and 8 of the Protocol and the possibilities the parties have to designate the applicable law to maintenance obligations.