UREDBA VIJEĆA (EZ) BR. 4/2009 O UZDRŽAVANJU: O NADLEŽNOSTI, MJERODAVNOM PRAVU, PRIZNANJU I OVRSI ODLUKA TE SURADNJI U PREDMETIMA UZDRŽAVANJA
COUNCIL REGULATION (EC) No 4/2009 ON MAINTENANCE: ON JURISDICTION, APPLICABLE LAW, RECOGNITION AND ENFORCEMENT OF DECISIONS AND COOPERATION IN MATTERS RELATING TO MAINTENANCE OBLIGATIONS

Summary/Abstract: The aim of the paper is to analyse and discuss certain issues concerning the Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (Maintenance Regulation). In this context, the material, territorial and temporal scope of the Maintenance Regulation will first be determined. The issues on jurisdiction in the maintenance cases will also be discussed, especially taking into account the possibility of an agreement on jurisdiction. Then, the section on the applicable law to maintenance obligations is followed, as set out in the Hague Protocol on the Law Applicable to Maintenance Obligations from 2007. In the paper the dual system of enforcement of decisions on maintenance established by the Maintenance Regulation will also be analysed and discussed, as well as the cooperation of the Central Authorities in enforcing the claims of creditors and debtors.

• Details
• Contents