По някои въпроси на пророгацията на международна компетентност по дела, свързани с родителска отговорност и издръжка
On Certain Issues of Prorogation of International Jurisdiction in Matters Relating to Parental Responsibility and Maintenance Obligations

Author(s): Kristian Raychev
Subject(s): Law, Constitution, Jurisprudence, Civil Law, EU-Legislation, Court case
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: prorogation; jurisdiction; parental responsibility; maintenance obligations; Regulation 2201/2003; Regulation 4/2009; Court of Justice of the European Union
Summary/Abstract: The scientific report aims to outline some of the main features of the prorogation of international jurisdiction in matters relating to parental responsibility and maintenance obligations. On the basis of the legislation contained in the EU law and various international legal sources, an attempt will be made to deduce the basic provisions, which could help the Bulgarian courts in assessing the will expressed by the parties for the choice of court. Part of the relevant case law of the Court of Justice of the European Union is discussed, and some of the most recent CURIA rulings are analyzed. Given the specific subject matter of the case – parental responsibility and maintenance obligations, the question will be answered whether the parties’ desire (as a manifestation of the autonomy of the will) to choose a particular court or any other criteria is more relevant to assess the validity of prorogation.

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