INTERACTION BETWEEN HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION AND DOMESTIC LITIGATIONS CONCERNING DOMICILE OF THE CHILD AND PARENTAL AUTHORITY
In the vast majority of cases, international abduction of a child determines almost per se litigations both at international and national level, namely an international litigation based on provisions of Hague Convention on the civil aspects of international child abduction and a domestic litigatio...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2018-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/uploads/cks_2018_articles/index.php?dir=2_private_law%2F&download=CKS_2018_private_law_029.pdf |
| Summary: | In the vast majority of cases, international abduction of a child determines almost per se litigations both at
international and national level, namely an international litigation based on provisions of Hague Convention on the civil
aspects of international child abduction and a domestic litigation aiming at establishing the domicile of the child in the state
of destination and other different measures concerning the child which fall within the area of parental authority (joint or
exclusive).
The purpose of the article is to analyze the interaction between the international and the national case and how they
influence each other from a double perspective (procedural and substantial), taking into account that the two litigations are
generally pending at the same time. Even the mere coexistence of the two litigations gives rise to the question which one should
have priority in solving.
Therefore, the objectives of this study are, on the one hand, to examine the implications in the domestic litigation of
the decision pronounced in the Hague litigation (international competence, suspension of the national case, elements which
are covered by the res judicata principle), and on the other hand to identify how a national decision on domicile and parental
authority may influence the solution in the Hague case. |
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| ISSN: | 2068-7796 2068-7796 |