COMPETENŢA DE SOLUŢIONARE A CERERII DE DIVORŢ POTRIVIT REGULAMENTULUI NR. 2201/2003 AL UNIUNII EUROPENE

Elena Mihaela Fodor

FIAT IUSTITIA, 2009, vol. 3, issue 2, 1-7

Abstract: The starting point of the article is a Romanian judgement stating that dipositions of article 3 paragraph (1) letter a) of the EC Regulation No. 2201/2003 have an exclusive application in relation with the provisions of letter b) of the same article and paragraph, with the consequence that none of the Romanian courts are competent to judge a divorce introduced by a Romanian national against the spouse with the same nationality, both living in Italy. The author proves the statement wrong, starting with the history of the Regulation (EC) No. 2201/2003 and ending with the Green paper drawn in 2005 for further improvements of the regulations in family matters.

Keywords: divorce; European regulation; competence (search for similar items in EconPapers)
Date: 2009
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