Aspecte privind obligaţia de întreţinere în dreptul internaţional privat
Issues related to the support obligation in the private international law

Summary/Abstract: The obligations of support with a foreign element shall be governed by the provisions of the European law. Regulation (EC) no. 4/2009 and the Hague Protocol of 2007 are the complementary normative instruments, applicable to the obligations of support arising from the family, kin, marriage or affinity relationships (in Romania, the legal framework for enforcing the provisions of the European Union law shall be represented by Law no. 36/2012 on certain measures necessary for enforcing certain regulations and decisions of the Council of the European Union, as well as instruments of private international law in the field of obligations of support). Regulation no. 4/2009 shall be redirected to the issues of international jurisdiction (the contact points which apply alternatively, the convention on the choice of court, the jurisdiction based on the defendant’s appearance, the subsidiary competence, forum necessitatis), as well as to the issues of recognition and enforcement of the foreign judgments. As regards the applicable law, the regulation refers to the Hague Protocol of 2007, which details the general rule (the criterion of habitual residence confers flexibility in the settlement of disputes with a foreign element and having as object the obligation of support), the special rules (related to certain categories of creditors or debtors), the applicable rules in virtue of the autonomy of the parties’ will and the scope of the applicable law. Both the Regulation and the Protocol bring a significant contribution to the efforts of ensuring greater security and the legal predictability of creditors and debtors of the obligations of support and of allowing the free circulation within the European Union, by enforcing certain uniform rules.

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