Admissibility of Prorogation Clauses in Matrimonial Matters with a Foreign Element - the Current State from the Perspective of the Czech Courts Cover Image

Přípustnost prorogace ve věcech manželských s cizím prvkem – současný stav z pohledu českých soudů
Admissibility of Prorogation Clauses in Matrimonial Matters with a Foreign Element - the Current State from the Perspective of the Czech Courts

Author(s): Miluše Hrnčiříková
Subject(s): Civil Law
Published by: Masarykova univerzita nakladatelství
Keywords: Prorogation; Matrimonial Matters; Foreign Element; EU Law; Private International Law.

Summary/Abstract: Divorce is a complicated and unpleasant life event for any involved married couples. The court proceedings are even more complicated and prolonged in the cases of divorce with a foreign element, because the judge must deal with the questions concerning jurisdiction and applicable law. It makes the situation for the spouses even harsher. The family law is often built on the tradition and history of every nation or region and thus the complex unification is not conceivable. On the other hand the party autonomy, traditionally inherent for the business law, is nowadays more visible also in the area of family law. The article examines the regulation of prorogation of the court jurisdictions for the proceedings focused on the personal and property rights of the spouses in international marriages, while the main attention is paid to the divorce and dissolution of the common property after the divorce.

  • Issue Year: 24/2016
  • Issue No: 4
  • Page Range: 527-540
  • Page Count: 14
  • Language: Czech