Due to the fact that matrimonial property and inheritance issues are closely intertwined, in some situations the determination of rules which should be applicable to particular relationships seems problematic. This fully applies to marriage contracts which cover both types of issues. The presence of a cross-border element in such contracts raises the question of the delineation of the legal regimes of the Matrimonial Property Regulation and the Succession Regulation applicable to matrimonial property and succession issues respectively. This paper analyses the rules which should be applicable to choice-of-court agreements for matters arising out of marriage contracts which cover both matrimonial property and inheritance issues and include a cross-border element. For this reason, the paper reveals the interaction between the regimes of the Matrimonial Property Regulation and the Succession Regulation, and the requirements of choice-of-court agreements under both regulations. Some of the requirements of these regulations of choice-of-court agreements coincide (eg formal requirements), while others differ. The main differences include: the precondition for the conclusion of a choice-of-court agreement under the Succession Regulation, which is not required under the Matrimonial Property Regulation; the courts which may be chosen; and the circle of matters which can be resolved by the courts on the basis of the choice-of-court agreement. It is concluded that a choice-of-court agreement, included in the marriage contract, can meet the requirements of both the Succession Regulation and the Matrimonial Property Regulation if: the dispositions upon the death of a spouse, included in the marriage contract, are an ‘agreement as to succession’ in the meaning of Article 3(1)(b) of the Succession Regulation; the marriage contract includes a choice-of-law agreement in favour of the law of the Member State whose nationality a deceased spouse possessed when the choice-of-law agreement was concluded; this choice of law agreement covers the succession of the deceased spouse ‘as a whole’; the choice-of-court agreement grants jurisdiction to the courts of the Member State whose nationality a deceased spouse possessed at the time of the conclusion of the choice-of-law agreement; it provides the jurisdiction of ‘the courts’ of a Member State (not ‘a court’). Keywords: choice-of-court agreement, EU Succession Regulation, EU Matrimonial Property Regulation, synchronisation between law and forum, agreement as to succession, matrimonial property agreement, marriage contract.

中文翻译：

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婚姻合同中所包含的法院选择协议可以同时满足欧盟继承和婚姻财产法规的要求吗？

由于婚姻财产和继承问题密切相关，在某些情况下，确定适用于特定关系的规则似乎是有问题的。这完全适用于涵盖两种类型问题的婚姻合同。在此类合同中存在跨界要素的问题引起了对分别适用于婚姻财产和继承问题的《婚姻财产条例》和《继承条例》的法律制度划定的问题。本文分析了适用于法院选择协议的规则，该规则适用于婚姻合同产生的事项，涵盖婚姻财产和继承问题，并包括跨界要素。为此原因，该文件揭示了《婚姻财产条例》和《继承条例》各制度之间的相互作用，以及这两项条例对法院选择协议的要求。这些法院选择协议规定的某些要求是一致的（例如正式要求），而其他要求则有所不同。主要区别包括：《继承条例》下缔结法院选择协议的前提条件，《婚姻财产条例》不要求这样做；可以选择的法院；以及法院可以根据法院选择协议解决的事项。结论是，在以下情况下，婚姻合同中包含的法院选择协议可以满足《继承规则》和《婚姻财产规则》的要求：婚姻合同中所包括的对配偶去世的处置是《继承规则》第3条第1款（b）项所指的“关于继承的协议”；婚姻合同包括一项法律选择协议，该法律选择协议有利于缔结法律选择协议时已故配偶拥有国籍的成员国的法律；法律选择协议涵盖了已故配偶“整体上”的继承权；法院选择协议将死者配偶在缔结法律选择协议时所拥有的国籍的法院授予管辖权；它规定了成员国“法院”（而非“法院”）的管辖权。关键字：法院选择协议，欧盟继承法规，欧盟婚姻财产法规，