I. JURISPRUDENCE  A. CIVIL LAW AND CIVIL PROCEDURAL LAW  1. Dissolution of marriage with cross-border implications. Declining the general jurisdiction of the Romanian courts Cover Image
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I. JURISPRUDENŢĂ A. DREPT CIVIL ŞI DREPT PROCESUAL CIVIL 1. Desfacerea căsătoriei cu elemente de extraneitate. Declararea necompetenței generale a instanțelor române
I. JURISPRUDENCE A. CIVIL LAW AND CIVIL PROCEDURAL LAW 1. Dissolution of marriage with cross-border implications. Declining the general jurisdiction of the Romanian courts

Author(s): Lazăr-Ciprian Ureche
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: territorial jurisdiction; dissolution; cross-border implications;

Summary/Abstract: The alternative territorial jurisdiction is indisputably given only between the courts enumerated at letter a) para. (3) of the Regulation (EC) no. 2201/2003, which is shown by the use of the word “or”, but not between those courts indicated at letters a) and b), as the claimant wrongfully alleges. If it had been desirable to establish an alternative territorial jurisdiction between the courts indicated at letters a) and b), the correlation alleged by the claimant should have been marked by the same words such as “or”. Moreover, no other criterion or express or clear mention results from the content of the text, leaving no room for doubt that the power to rule was alternatively assigned to two courts.

  • Issue Year: 2015
  • Issue No: 06
  • Page Range: 13-19
  • Page Count: 7
  • Language: Romanian
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