The present text presents a critical analysis of the 2009
European Union Regulation (4/2009) on Maintenance Obligations, that
contains rules on jurisdiction, applicable law, recognition and enforcement
of decisions and cooperation in matters relating to maintenance obligations,
being therefore the first European Union instrument of private international
law treating family law issues. After considering jurisdictional
questions, according to the pattern of Regulation 44/2001 and the peculiarities
of maintenance matters, the article considers applicable law problems,
that are dealt by reference to the provisions of 2007 Hague Protocol
on the law applicable to maintenance obligations, and pursues with
issues of recognition and enforcement of decisions. Beyond these essential
points, the text also considers other matters dealt by the instrument,
like access to justice, court settlements and authentic instruments, cooperation between central authorities, public bodies and the general and final
provisions. Finally, a critical synthesis of the main points of the Regulation
is offered.
Author
Ramos, Rui Manuel Moura
Keywords
Obrigações alimentares,
competência,
lei aplicável,
reconhecimento e execução das decisões,
cooperação,
autoridades centrais,
Protocolo da Haia de 2007 sobre a lei aplicável às obrigações alimentares,
direito internacional privado da União Europeia,
acesso à justiça,
Maintenance obligations,
jurisdiction,
pplicable law,
recognition and execution of decisions,
cooperation,
central authorities,
2007 Hague Protocol on the law applicable to maintenance obligations,
private international law of the European Union: access to justice