Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.
As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.
AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.
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AUC IURIDICA, Vol 66 No 4 (2020), 117–130
Limits of jurisdiction for divorce under the Brussels IIa Regulation from the Czech perspective
[Limits of jurisdiction for divorce under the Brussels IIa Regulation from the Czech perspective]
Zuzana Fišerová
DOI: https://doi.org/10.14712/23366478.2020.35
published online: 16. 12. 2020
abstract
Jurisdiction for divorce in a marriage with an international element is in the Czech Republic governed primarily by “the Brussels IIa Regulation”. There are, however, other legal sources on which Czech courts can base their jurisdiction. When a national court is seized with a cross-border divorce case, the first step is to establish or decline the jurisdiction. In purely intra-EU cases, the Brussels IIa Regulation is the only legal instrument that comes into play. If the case involves a third State, the jurisdiction can be based on rules contained in a specific bilateral international agreement or, the provision for residual jurisdiction in the Brussels IIa Regulation permitting, on the rules in the national legislation of private international law. Complex situations can occur, especially when the case presents several international elements, some related to EU Member State(s) and the others related to the third State(s). The jurisprudence developed by the CJEU to interpret the Brussels IIa Regulation is shedding light on some provisions thereof, although there are still several questions waiting to be answered, one of them being the autonomous EU interpretation of the term “marriage” in the context of the scope of the Regulation.
keywords: marriage; divorce; Brussels IIa Regulation; jurisdiction; bilateral international agreement
references (4)
1. BOELE-WOELKI, K. - FUCHS, A. Same-Sex Relationships and Beyond, Gender Matters in the EU, 3rd edition. Cambridge 2017. CrossRef
2. FUCHS, A. Registered partnership, same-sex marriage and children: crossing borders. In: Rivista di diritto internazionale private e processuale, 2016, vol 2, pp. 445-459.
3. MANKOVSKI, M. Brussels IIbis Regulation (2012). Munich: Sellier, p. 89.
4. PFEIFFER, M. Kritérium obvyklého pobytu v mezinárodním právu soukromém, Praha: Leges, 2013.
Limits of jurisdiction for divorce under the Brussels IIa Regulation from the Czech perspective is licensed under a Creative Commons Attribution 4.0 International License.
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ISSN: 0323-0619
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