Competenţa de judecată exclusivă în sfera statutului personal - concursul dintre Codul de procedură civilă şi regulamentele Uniunii Europene

dr. BIANCA MARIA CARMEN PREDESCU*

* e-mail: biancapredescu@yahoo.com

Prof. univ. - Facultatea de Drept, Universitatea din Craiova

ABSTRACT

The first problem in resolving the legal relationship with an element of foreignness inferred to the judgment is establishing the competence of judgement of the forum through rules of immediate application from its own legal system, imperative rules that determine the jurisdictional competency in international civil proceedings. The European Union regulations and the international conventions may also contain rules attributing jurisdictional competency to the authorities of the participating states. At this point, the question which arises is that of the competition between these rules of immediate application, a competition governed by the principle of specialia generalibus derogant.As regards the exclusive...