17. "Maintenance" Regulation (Ec) No. 4/2009 – Scope of Application, Key Definitions and Principles of Jurisdiction
The article deals with some of the aspects of the application of the EU Regulation No. 4/2009, (otherwise known as Brussels III or the Maintenance Regulation). The article examines the relationship of the Regulation with The Hague Convention of 1958 and 1973, on “the Recognition and Enforcement of Decisions”, revealing the rule of its supremacy. Particular attention is paid to the aims of the Regulation, the scope of the application of its rules and the analysis of the cases concerning the rules governing the jurisdiction of maintenance. The article explicitly examines the concepts related to “cases arising from the maintenance legal relationships”, marriage, family, relatives and other important issues. A great deal of attention is paid to the discussion of the system established by the Regulation regarding court jurisdiction related to the maintenance. The article analyses both, general rules of jurisdiction and contractual jurisdiction, forum necessitatis and the regulation of involvement in the process. Attention is also drawn to the differences in the areas of “maintenance” and the contractual jurisdiction and involvement in the process as it is in the Brussels I and this Regulation.
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