Преглед на практиката на българските съдилища в материята на издръжката с международен елемент
A Review of Bulgarian Courts Practice in Matters Relating to Maintenance Obligations

Summary/Abstract: The article examines the practice of Bulgarian courts in matters relating to maintenance,under the provisions of Regulation (EC) No. 4/2009, and especially under the rules regarding the determination of jurisdiction and the applicable law. In relation to the determination of jurisdiction in the court cases, the following questions are examined: the establishment of general jurisdiction in favor of the court, “which, according to its own law, has jurisdiction to entertain proceedings concerning parental responsibility” (Article 3d of Regulation (EC) No. 4/2009); the inability to initiate proceedings to modify an existing decision or to have a new decision (Article 8 of the Regulation); and the obligation of the court to examine its own jurisdiction (Article 10 of the Regulation). The analysed court practice in relation to the applicable law concerns the objectively applicable law and the general rules which regulates it (Article 3 of the 2007 Hague Protocol). In each case there is examined to what extent the court has taken into consideration the existence of an international element, the hierarchy of sources of private international law, and the limits of action of the Act.

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