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The Maintenance Regulation (EC) No 4/2009,〔(Directive 4/2009 )〕 formally the Council Regulation (EC) on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations is a European Union Regulation on conflict of law issues regarding maintenance obligations (e.g. alimony and child maintenance). The regulation governs which courts have jurisdiction and which law it should apply. It further governs the recognition and enforcement of decisions. The regulation is strongly aligned with the Hague Maintenance convention (which the European Union has signed but not yet ratified) and the Hague Maintenance Protocol (which the EU has ratified, but which has not yet entered into force) of 2007. The regulation does partly to Denmark as it constitutes jurisdictions rules within the framework of the Brussels regime, for which an agreement exists between the European Union and Denmark. ==Jurisdiction== The regulation grants jurisdiction to *The EU country where the defendant is habitually resident *The EU country where the creditor (the -proposed- receiver of maintenance) is habitually resident *The EU country responsible for determining the status of a person (if this is related to the maintenance question) *The EU country where governing parental responsibility (if this is related to the maintenance decision) Parties may however (in cases not involving children below 18) conclude an agreement giving (exclusive) jurisdiction to *The EU nationality of one of the partners *The EU country of habitual residence of one of the partners *A non-EU country party to the Lugano convention (Iceland, Norway, Switzerland); subject to the requirements of the convention *Their last common residence of over 1 year (in the EU; for spouses or former spouses only) *The country governing the matrimonial regime (for spouses or former spouses only) In addition, if a defendant appears in court proceedings in an EU country (while not disputing jurisdiction), then that court shall also have jurisdiction. If these rules do not grant jurisdiction to a Brussels regime (EU, Iceland, Norway, Switzerland) court, the court of the common nationality has jurisdiction. If also that is not possible, and if there is a connection to an EU member state, that state has jurisdiction in exceptional circumstances. If multiple eligible EU courts are seized, then the court seized first, has jurisdiction, and all other courts have to stay proceedings. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Maintenance regulation」の詳細全文を読む スポンサード リンク
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