Jurisdictional competence of private international law in the matter of civil status actions in accordance with the rules of the European Union Cover Image

Jurisdictional competence of private international law in the matter of civil status actions in accordance with the rules of the European Union
Jurisdictional competence of private international law in the matter of civil status actions in accordance with the rules of the European Union

Author(s): Faisal Al-Tamimi
Subject(s): Civil Law, International Law, Family and social welfare
Published by: Editura Universitaria Craiova
Keywords: court; divorce; judgement; marriage; recognition;

Summary/Abstract: Under the terms of freedom of movement of EU Member States’ citizens and of increasing labour mobility in Europe, is of particular importance to study the material and territorial jurisdiction of the courts in the matter of civil status actions, the recognition and enforcement of legal judgments rendered in matters relating to divorce, legal separation or marriage annulment, as well as the power of final decision of the judgments regarding the actions on civil status. The present study analyzes the provisions of the EC Regulation of the Council no. 2201/2003 of November 27, 2003 concerning competence, recognition and enforcement of legal judgments in matrimonial matters and in the matter of parental responsibility, which entered into force on March 1st, 2005, in conjunction with the rules of private international law regarding the conflict of jurisdiction. The author also analyzes the jurisdictional competence of private international law of the Romanian courts in the matter of civil status actions according to Law no. 105/1992 on the regulation of private international law relations and to the new Civil Code.

  • Issue Year: 2014
  • Issue No: 42
  • Page Range: 251-261
  • Page Count: 11
  • Language: English