AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUC Iuridica) is a legal journal published since 1955, which presents longer essays as well as short articles on topics relevant for legal theory and international, European and Czech law. It also publishes works concerning current legislative problems.

Although intended primarily for domestic audience, AUC Iuridica is useful also for foreign experts, who can take advantage of summaries in foreign languages (English, German and French) and key words, which are systematically added to the main articles and essays.

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The journal is archived in Portico.

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We are pleased to inform you that the journal Acta Universitatis Carolinae Iuridica was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database SCOPUS. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite SCOPUS database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.

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.

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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.

230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

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