Effects in respect of third parties
Article 28
1. Notwithstanding point (f) of Article 27, the law applicable to the matrimonial property regime between the spouses may not be invoked by a spouse against a third party in a dispute between the third party and either or both of the spouses unless the third party knew or, in the exercise of due diligence, should have known of that law. 2. The third party is deemed to possess the knowledge of the law applicable to the matrimonial property regime, if: (a) that law is the law of: (i) the State whose law is applicable to the transaction between a spouse and the third party; (ii) the State where the contracting spouse and the third party have their habitual residence; or, (iii) in cases involving immoveable property, the State in which the property is situated; or (b) either spouse had complied with the applicable requirements for disclosure or registration of the matrimonial property regime specified by the law of: (i) the State whose law is applicable to the transaction between a spouse and the third party; (ii) the State where the contracting spouse and the third party have their habitual residence; or (iii) in cases involving immoveable property, the State in which the property is situated. 3. Where the law applicable to the matrimonial property regime between the spouses cannot be invoked by a spouse against a third party by virtue of paragraph 1, the effects of the matrimonial property regime in respect of the third party shall be governed: (a) by the law of the State whose law is applicable to the transaction between a spouse and the third party; or (b) in cases involving immoveable property or registered assets or rights, by the law of the State in which the property is situated or in which the assets or rights are registered.