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Competenţa jurisdicţională în acțiunile privind răspunderea părintească
Jurisdiction in matters concerning parental responsibility

Author(s): Teodora-Maria Bantaș-Văduva
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Published by: C.H. Beck Publishing House - Romania
Keywords: jurisdiction; European regulation; parental responsibility;

Summary/Abstract: The need to ensure a consolidated internal market in the European Union and to allow for legal certainty in solving cases with foreign elements, has led to the passing, in terms of family relations between persons with different nationalities or having their residence in different member states, of Regulation No. 2201/2003 applicable for matrimonial matters and matters of parental responsibility. This article analyzes the rules concerning jurisdiction in cases based on parental responsibility, namely cases regarding the attribution, exercise and termination of parental responsibility, which normally materialize, among others, in cases regarding the rights of custody and access to a child, guardianship, curatorship, the designation and functions of a person or body having charge of a child's person or property. The uniform regulations on jurisdiction applicable to the member states ensure the foreseeability of the award and, most importantly, the recognition and enforcement in a member state other than the state of origin of the award.

  • Issue Year: XIX/2020
  • Issue No: 01
  • Page Range: 51-58
  • Page Count: 8
  • Language: Romanian