Naslov
Maintenance

Autori
Župan, Mirela ; Drventić, Martina

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Planning the Future of Cross Border Families: A Path Through Coordination

Urednik/ci
Viarengo, Ilaria ; Villata, Francesca

Izdavač
Hart Publishing

Grad
Oxford

Godina
2020

Raspon stranica
71-92

ISBN
978-1-50991-986-4

Ključne riječi
Maintenance Regulation ; 2007 Hague Child Support Convention ; 2007 Hague Maintenance Protocol ; scope of application ; disconnection clauses

Sažetak
Maintenance obligations within the European Union (EU) are governed by the Maintenance Regulation complemented by the 2007 Hague Child Support Convention, accompanied by the 2007 Hague Maintenance Protocol. Once the competent judicial or administrative authority receives a request for the international recovery of maintenance it should first address the issue of scope of each of those instruments. Assessment relates to the substantive, temporal, and geographical scope. It naturally relates also to the disconnection clauses, ie, the rules governing the relations among these instruments, and the relations to other legal instruments. Both the Maintenance Regulation and the 2007 Hague Child Support Convention have many similarities, but they are separate and autonomous legislative regimes. They will be applied separately to relevant cases according to the scope of their respective provisions. As a default, the Maintenance Regulation will apply to set jurisdiction in cross-border maintenance cases before Member States of the EU, as well as to recognition of judgments between EU Member States. As a default, the 2007 Hague Child Support Convention will apply to international cases involving a Member State of the EU and a state outside of the EU which is a Contracting State to the Convention. Outside of the EU, the 2007 Hague Child Support Convention will apply between Contracting States to the Convention. In the end, Hague Maintenance Protocol will prescribe choice-of-law rules applicable in the Member States obliged by it, regardless of whether the case relates to an EU or international maintenance obligation.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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