Abstract
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 of,
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 maintenance, 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 maintenance, 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 maintenance, when maintenance 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.
Citation
ID:
205481
Ref Key:
lupan2014actareflections