COMPETENŢA DE SOLUŢIONARE A CERERII DE DIVORŢ POTRIVIT REGULAMENTULUI NR. 2201/2003 AL UNIUNII EUROPENE
COMPETENCE OF RESOLUTION OF DIVORCE REQUEST UNDER REGULATION NB. 2201/2003 OF EU
Author(s): Elena Mihaela FodorSubject(s): Law, Constitution, Jurisprudence
Published by: Facultatea de Drept Cluj Napoca, Universitatea Creştina "Dimitrie Cantemir" Bucureşti
Keywords: divorce;European regulation; competence
Summary/Abstract: The starting point of the article is a Romanian judgement stating that dipositions of article 3 paragraph (1) letter a) of the EC Regulation No. 2201/2003 have an exclusive application in relation with the provisions of letter b) of the same article and paragraph, with the consequence that none of the Romanian courts are competent to judge a divorce introduced by a Romanian national against the spouse with the same nationality, both living in Italy. The author proves the statement wrong, starting with the history of the Regulation (EC) No. 2201/2003 and ending with the Greenpaper drawn in 2005 for further improvements of the regulations in family matters.
Journal: Fiat Iustitia
- Issue Year: 2/2009
- Issue No: 2
- Page Range: 1-7
- Page Count: 6
- Language: Romanian
