Article 7 (2) to (4) - Formal requirements applicable to agreements on the choice of applicable law
According to German law (Article 46(d)(1) EGBGB) a choice-of-law agreement pursuant to Article 7(2) to (4) of Regulation (EU) No 1259/2010 is to be recorded in a notarial act. Article 127(a) of the Civil Code applies mutatis mutandis.
Article 5 (3) - Possibility of designating the applicable law during the course of the proceeding
According to German law (Article 46(d)(2) EGBGB), the spouses can choose the applicable law pursuant to Article 5(3) of Regulation (EU) No 1259/2010 up to the conclusion of the hearing at first instance.
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Last update: 16/10/2015