REGIMURI MATRIMONIALE EUROPENE – SOLUŢII PRIVIND JURISDICŢIA COMPETENTĂ
EUROPEAN MATRIMONIAL REGIMES – SOLUTIONS TO COMPETENT JURISDICTION

Summary/Abstract: The regulation applicable from 29 January 2019 concerns the management of spouses' patrimonial relations. The presence of the foreign element implies the international competence of the courts, the determination of lex causae, the recognition and enforcement of foreign judgments, in the context of enhanced cooperation, to which Romania is not yet a party. As regards the determination of international competence, Regulation (EU) 2016/1103 mentions several ways of identifying competent jurisdiction. Starting from the premise of the legal security, the predictability and the autonomy of the parties, the new normative act exploits, first and foremost, the related procedures [relation to EU Regulation) no. 650/2012 and Regulation (EC) 2201/2003]. Then, the hierarchy of linking factors is regulated in cases where related procedures are not operational; the choice of forum shall be available to the parties in favor of the courts of the Member State whose law is applicable or in favor of the courts of the Member State where the marriage was concluded. The range of categories of competence also includes competence based on the defendant's appearance, alternative competence and subsidiary competence. Situations of denial of justice are resolved through the forum necessitatis, so that a court of a Member State is, in exceptional cases, allowed to rule on a matrimonial regime which has close links with a third State.

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