Divorcios transfronterizos y competencia judicial internacional: La doctrina del Tribunal Supremo Español
International divorces are becoming more frequent every day. In many cases, there is a special interest for the parties in litigating before the courts of a certain State; the “forum shopping” mechanism is acquiring special relevance in order to obtain the most favorable forum, in particular regardi...
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| Format: | Article |
| Language: | Spanish |
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2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8327693 |
| Source: | Revista chilena de derecho privado, ISSN 0718-0233, Nº. 37, 2021, pags. 273-313 |
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| Summary: |
International divorces are becoming more frequent every day. In many cases, there is a special interest for the parties in litigating before the courts of a certain State; the “forum shopping” mechanism is acquiring special relevance in order to obtain the most favorable forum, in particular regarding the applicable Law. Currently the main rule for international jurisdiction in the European Union is founded on Regulation 2201/2003. Its section 3 contains a wide number of grounds of jurisdiction for this purpose. The application of this Regulation has displaced the Spanish internal rules (section 22, Organic Act on the Judiciary 1985). Concerning the application of the mentioned Regulation, the Supreme Court has addressed some controversial issues related to the determination of the international jurisdiction of Spanish courts on divorces. |
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