Brief considerations regarding the jurisdiction of courts
in the settlement of divorce based on foreign elements Cover Image
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Scurte consideraţiuni privind competenţa instanţelor judecătoreşti în soluţionarea divorţului cu elemente de extraneitate
Brief considerations regarding the jurisdiction of courts in the settlement of divorce based on foreign elements

Author(s): Lazăr-Ciprian Ureche
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: divorce; foreign element; Regulation (EC) no. 2201/2003;

Summary/Abstract: Undoubtedly, the link between the European law and the Romanian domestic law is and must remain closed. The principle of primacy of the European law in relation to the Romanian domestic principle is far from being a novelty. Therefore, including in the particular matter of the marriage dissolution, the participants in the Romanian civil proceedings having such an object must be subject to the specified principle. This study mainly intends to refer to the Council Regulation no. 2201/2003, which was enforced in a deficient manner by the Romanian judge. Therefore, the subject of this brief article shall consist in attempting to clarify the issues related to the enforceability and application of the specified Regulation, in relation to the jurisdiction of the Romanian courts vested with the settlement of the divorce judicial proceedings with foreign elements, having as starting point the recent Romanian judicial practice in the matter.

  • Issue Year: 2018
  • Issue No: 03
  • Page Range: 413-424
  • Page Count: 12
  • Language: Romanian
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