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12 Acta U. Danubius Jur. 5 (2016)

handle is hein.journals/actdaj2016 and id is 1 raw text is: JURIDICA Private Law Reflections on Parental Authority Gabriela LUP$AN1 Abstract: The movement in the European Union territory of the family members de jure or de facto - parents married or not, on the one hand, and their children, on the other hand, the birth of litigation related to the content, exercising or limiting the parental authority in the event at least one holder of parental authority is in a Member State other than where the minor child is, and the interest of achieving a good administration of justice within the European Union, led to the development of Community instruments in the area of parental authority, which has provisions on conflicts of jurisdiction, conflict of laws, recognition and enforceability, enforcement, legal aid and cooperation between central authorities, designating the applicable law. In the first part of the study we have analyzed the rules of jurisdiction by establishing the jurisdiction of the court hearing with an application for parental responsibility, whether there are pending divorce proceeding or not. In the second part of the study, we have limited the analysis to the rules applicable to the law causes that have as object parental authority. Keywords: jurisdiction; prorogation of jurisdiction; Transferred competence; Regulation (EC) no. 2201/2003; The Hague Convention of 19 October 1996 1. Details on the Legal Framework The courts called upon to rule in a case which concerns the attribution, exercise, total or partial restriction of parental authority with an element of extraneity, that determine the application of the following legal instruments: - Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial 1 Professor, PhD, Danubius University of Galati, Romania. Address: 3 Galati Boulevard, 800654 Galati, Romania. Tel.: +40.372.361.102, fax: +40.372.361.290. Corresponding author: gabriela.lupsan @ univ-danubius.ro. AUDJ, vol. 12, no. 2/2016, pp. 5-12

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