ASPECTS ON THE PAYMENT OF CHILD SUPPORT GRANTED TO THE CHILD

Mihaela Teaca

FIAT IUSTITIA, 2020, vol. 14, issue 2, 79-88

Abstract: The payment of the child support granted to the minor raises certain problems when the debtor is of bad faith and has a residence abroad. There are mechanisms at EU level that are able to determine the recovery of the amount of the maintenance pension when the debtor tries to hide the amount of his income. At European level, the reference legislation is EC Regulation 4/2009 on jurisdiction, applicable law, recognition and enforcement of judgments and cooperation on maintenance obligations. The need to adopt the Regulation was the result of the negotiations that took place in The Hague in 2007, negotiations that led to the adoption of the Hague Convention on obtaining the maintenance allowance for children and other family members abroad and the Protocol on the law applicable to maintenance obligations. European countries that have not acceded to the European Union have adopted, by convention, this Regulation, precisely in order to facilitate the access of the minor creditor to his debt, in the event that the debtor willfully hinders payment. the debtor's faith is also realized if the debtor does not reside in an EU member state, the situation in which the provisions of the New York Convention apply. In the country of residence of the debtor all the procedural guarantees are granted to him and the contact with the competent authorities is made in Romania through the Ministry of Justice, the International Cooperation Directorate

Keywords: minor; debtor; the external residence; instance (search for similar items in EconPapers)
JEL-codes: K36 (search for similar items in EconPapers)
Date: 2020
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
http://fiatiustitia.ro/wp-content/uploads/2021/04/Fiat-nr.-2_2020-1-79-88.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:dcu:journl:v:14:y:2020:i:2:p:79-88

Access Statistics for this article

More articles in FIAT IUSTITIA from Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania
Bibliographic data for series maintained by Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania ().