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1

Jurisdiction in International Matrimonial Matters

100%
Grigienė J.
Baltic Journal of Law & Politics
|
2009
|
vol. 2
|
issue 1
97-111
EN
This article analyses the jurisdiction of the court in matrimonial matters. The criteria of jurisdiction, the principal of lis pendens, forum non conveniens, applicable law and the influence of jurisdiction on the outcome of the case are unfolded in the article. Matrimonial law differs from country to country. In some countries there are strict rules; in other countries there are liberal rules for divorce. In different countries there are different criteria for division of joint property between spouses, and different criteria for determining child custody. Depending on which country's court solves matrimonial dispute, there can be different outcomes to a case because each court applies its own conflicts of law rules and determines the applicable law to the lawsuit. This essay explores the peculiarities of international jurisdiction determination rules valid in the European Union, and some worldwide tendencies of international jurisdiction. As the EC Regulation does not determine one basic rule of jurisdiction in matrimonial matters, it is possible to choose from several alternative jurisdiction criteria and start a suit in the courts of several states. The essay addresses cases in which the parties can manipulate and misuse the jurisdiction criteria due to the lis pendens principle, as well as cases in which the legal certainty and legitimate expectation of spouses are infringed upon. The essay also presents particular recommendations about how to improve present legislation by incorporating case transfer mechanism or principles of forum non conveniens.
2

Nowa unijna regulacja spraw małżeńskich i rodzinnych – rozporządzenie Rady (UE) 2019/1111

86%
Bobrzyńska O.
Kwartalnik Prawa Prywatnego
|
2020
|
vol. 29
|
issue 3
511-544
EN
The article discusses main changes introduced by Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction in view of criticism and expectations expressed with regard to its predecessor, i.e. Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347.
3

Legitymacja procesowa prokuratora w postępowaniu o unieważnienie małżeństwa postulaty de lege ferenda i de lege lata

58%
Chudzik K.
Rejent
|
2022
|
issue 2 (370)
11-27
EN
This paper concerns issues related to the legal standing of a public prosecutor in the cases of marriage annulment. Characteristics, nature, and effects were described along with entitlements resulting from this institution. Presented were marriage obstacles that are base for bringing actions and the dispute of doctrine resulting from marriage obstacles occurring in the narrowed circle that includes marriage obstacles that make possible demanding marriage annulment of constrained entities being explicitly pointed out in regulations. Rights and arguments representing opposite parties were presented in detail along with the standpoint of the author, which was the base for the demanding changes of the regulation entitling public prosecutor to bring actions of marriage annulment. The subject of introducing means of challenging by spouses, that were not entitled to bringing the action was elaborated.
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