Acta Universitatis Danubius. Juridica, Vol 10, No 2 (2014)

Reflections on the Maintenance Obligations from the Perspective of the European Law Enforcement

Gabriela Lupsan


As stated, maintaining and developing an area of freedom, security and justice by the European Union, within which it is ensured the free movement of persons, requires the adoption, among others, the measures relating to judicial cooperation in civil matters which have cross-border implications. These measures are designed to promote the compatibility of the rules applicable in the Member States concerning the conflict of laws and of jurisdiction. Based on the mobility of persons within the European Union, from the desire to protect both debtors of the upkeep, most often children, and the interest to favor a proper administration of justice within the European Union, there were adopted a number of community instruments relating to upkeep, which has provisions on conflicts of jurisdiction, conflict of laws, recognition and enforceability, enforcement of judgments, judicial assistance and cooperation between central authorities. In the first part of the study we analyzed the rules of jurisdiction according to which it is established the jurisdiction of the court hearing a claim for upkeep, when upkeep obligations arise from a family relationship, parentage, marriage or affinity. In the second part of the study, we limited the analysis to the choice of law applicable on in the case of the obligation between parents and their children.



Full Text: 44-51



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