Considerations on the voluntary prorogation of jurisdiction in matters of divorce and parental responsibility

Abstract

As a reaction to the complexity created by the diversification and the specialization of the norms governing the international disputes in family matters, the party autonomy is increasingly gaining ground as an effective tool for addressing the problems in this field. In the context of the discussions related with the Brussels II bis regulation’s reform, our study is focused on the corresponding position of the European legislator in the field of jurisdiction for international matrimonial and parental responsibility disputes; illustrating some of the existing difficulties and their possible solutions, it also insists on the benefits that an the extension of the party autonomy would have in terms of reinforcement of the legal security, certainty and predictability for those involved in such disputes.