Naslov
Council Regulation 4/2009: Maintenance right in the territory of the European Union

Autori
Živić, Josipa ; Puljko, Vjekoslav

Izvornik
Interdisciplinary Management Research VIII (1847-0408) 8 (2012); 821-833

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, ostalo

Ključne riječi
Regulation 4/2009, European international private family law, maintenance, applicable law, central authorities, recognition, enforceability and enforcement of decisions

Sažetak
The adoption of the Regulation 4/2009 regulating maintenance obligations marked the beginning of a new era in European international private family law and new approach to the maintenance issue. This discipline of law is a particularly dynamic area which still leaves wide open areas of freedom and search for new solutions, but it is also specific by the visible unification of areas and tendencies towards creating international private family law. In terms of its solutions, the long-awaited Regulation has kept a traditional approach that arguably almost makes it a codification of substantive maintenance rules. From the introduction and establishing of new institutes such as central authorities and the rules of cooperation between them, as well as legal aid rules, a tendency can be observed to create an integral administrative system, primarily aimed to protect weaker parties, to enable them to exercise their rights in the easiest way possible and to proclaim guaranteed human rights, as well as those rights which make the European Union what it is: a territory where free movement of people, goods and capital is guaranteed whereby in the absence of such system the rules of the Regulation would remain nothing but dead letter. A full analysis of the Regulation's rules provided by this paper constitutes a basis for certain conclusions and for the harmonization of the national legislation wiThthe acquis communautaire of the Community, a member of which our country is to become in 2013.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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