Agreement on court jurisdiction pursuant to Brussels II ter Regulation and its impact on the jurisdiction of other courts

The paper discusses the form of the agreement on the choice of court according to Council Regulation (EU) 2019/1111 on jurisdiction, the recognition and enforcement of decisions in matrimonial disputes and the matters related to parental responsibility and on international child abduction (amendment...

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Main Author: Poljić Adis
Format: Article
Language:English
Published: University of Belgrade, Faculty of Law, Belgrade, Serbia 2023-01-01
Series:Anali Pravnog Fakulteta u Beogradu
Subjects:
Online Access:https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2023/0003-25652303567P.pdf
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author Poljić Adis
author_facet Poljić Adis
author_sort Poljić Adis
collection DOAJ
description The paper discusses the form of the agreement on the choice of court according to Council Regulation (EU) 2019/1111 on jurisdiction, the recognition and enforcement of decisions in matrimonial disputes and the matters related to parental responsibility and on international child abduction (amendment) and impact agreement to the jurisdiction of other courts. The specificity of this agreement is the possibility of choosing a court in matters of family law, which was not previously possible. The goal of the study is to analyse the formal conditions for the validity of the agreement and to indicate its implementation in practice. The findings of the study showed the ways that the agreements on the choice of the competent court are concluded, and how to ensure their legal effect towards all courts in the European Union, i.e. their influence on the rules of lis pendens.
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spelling doaj.art-f4832d0eba4344e3acd6ab302156ab032023-12-11T16:49:06ZengUniversity of Belgrade, Faculty of Law, Belgrade, SerbiaAnali Pravnog Fakulteta u Beogradu0003-25652406-26932023-01-0171356759310.51204/Anali_PFBU_23305A0003-25652303567PAgreement on court jurisdiction pursuant to Brussels II ter Regulation and its impact on the jurisdiction of other courtsPoljić Adis0https://orcid.org/0000-0002-6882-7800Sudija, Općinski sud u Živinicama, SerbiaThe paper discusses the form of the agreement on the choice of court according to Council Regulation (EU) 2019/1111 on jurisdiction, the recognition and enforcement of decisions in matrimonial disputes and the matters related to parental responsibility and on international child abduction (amendment) and impact agreement to the jurisdiction of other courts. The specificity of this agreement is the possibility of choosing a court in matters of family law, which was not previously possible. The goal of the study is to analyse the formal conditions for the validity of the agreement and to indicate its implementation in practice. The findings of the study showed the ways that the agreements on the choice of the competent court are concluded, and how to ensure their legal effect towards all courts in the European Union, i.e. their influence on the rules of lis pendens.https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2023/0003-25652303567P.pdfjurisdictioneuropean union lawfamily lawagreement of the court of choicelis pendens
spellingShingle Poljić Adis
Agreement on court jurisdiction pursuant to Brussels II ter Regulation and its impact on the jurisdiction of other courts
Anali Pravnog Fakulteta u Beogradu
jurisdiction
european union law
family law
agreement of the court of choice
lis pendens
title Agreement on court jurisdiction pursuant to Brussels II ter Regulation and its impact on the jurisdiction of other courts
title_full Agreement on court jurisdiction pursuant to Brussels II ter Regulation and its impact on the jurisdiction of other courts
title_fullStr Agreement on court jurisdiction pursuant to Brussels II ter Regulation and its impact on the jurisdiction of other courts
title_full_unstemmed Agreement on court jurisdiction pursuant to Brussels II ter Regulation and its impact on the jurisdiction of other courts
title_short Agreement on court jurisdiction pursuant to Brussels II ter Regulation and its impact on the jurisdiction of other courts
title_sort agreement on court jurisdiction pursuant to brussels ii ter regulation and its impact on the jurisdiction of other courts
topic jurisdiction
european union law
family law
agreement of the court of choice
lis pendens
url https://scindeks-clanci.ceon.rs/data/pdf/0003-2565/2023/0003-25652303567P.pdf
work_keys_str_mv AT poljicadis agreementoncourtjurisdictionpursuanttobrusselsiiterregulationanditsimpactonthejurisdictionofothercourts