Reflections on the Abolition of Exequatur in the Cross-border Cases Regarding the Return of the Child Cover Image

Reflections on the Abolition of Exequatur in the Cross-border Cases Regarding the Return of the Child
Reflections on the Abolition of Exequatur in the Cross-border Cases Regarding the Return of the Child

Author(s): Gabriela Lupşan
Subject(s): Law, Constitution, Jurisprudence, Civil Law, International Law
Published by: Editura Universitară Danubius
Keywords: Brussels II bis Regulation; cross-border cases; the return of the child; recognition of the judgment by law; execution of judgment

Summary/Abstract: Abstract: Free circulation of judgments within the EU of the authentic instruments and agreements in matrimonial matters and in matters of parental responsibility is provided for in Regulation (EC) no.2201/2003 of the Council of 27 November 2003 concerning jurisdiction, recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility, repealing Regulation (EC) no. 1347/2000. For two categories of judgments, this Regulation provides for the suppression of exequatur. In this article we intend to continue analyzing the suppression of the exequatur under the situation of judgments in family law matters, relating to the return of the child in the cross-border cases, on judgments passed in another Member State.

  • Issue Year: 11/2015
  • Issue No: 2
  • Page Range: 05-10
  • Page Count: 6
  • Language: English