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4 Contemp. Readings L. & Soc. Just. 433 (2012)
The Dissolution of a Marriage on the Territory of an EU State, between a Romanian Citizen and the Citizen of That State. Territorial Competence

handle is hein.journals/conreadlsj4 and id is 1097 raw text is: Contemporary Readings in Law and Social Justice Volume 4(2), 2012, pp. 433-437, ISSN 1948-9137 The Dissolution of a Marriage on the Territory of an EU State, between a Romanian Citizen and the Citizen of that State. Territorial Competence Madalina BOTINA madistan2003 @ yahoo.com Ovidius University, Constantza Marilena MARIN marilenamarin ayahoo.com Ovidius University, Constantza ABSTRACT. Our paper discusses the issue of dissolution of a marriage on the territory of a member EU state between a citizen of Romania and a foreign citizen, namely of one of the EU members' country. We have focused on the territorial competence procedure, as Romanians courts have encountered a great number of cases raising the territorial competence, when filling for divorce. Keywords: marriage dissolution, member state, territorial competence The termination of a marriage through divorce does not seem to be a complicated legal problem, as long as at least one spouse wants a divorce and can bring proof for the dissolution of family relationships. However, the Romanian Courts have faced in recent years a problem of procedure, namely, the territorial competence for divorce settlement. This problem was generated by the settling of many Romanian persons outside Romania's borders, in order to find a better paid job, but also to acquire the citizenship of other states and to benefit from the status offered by that citizenship. The common practical issue generally refers to marriages between Romanian citizens and citizens of another state, regardless of how and when the latter acquired citizenship and, in particular, the marriage between a foreigner, former Romanian citizen (who, however does not appear in the Romanian records with changed citizenship or with other nationality), and a Romanian citizen. Citizenship laws follow these persons wherever they are. 433

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