Choice of law to transnational maintenance obligations

Abstract

The aim of the following paper is to stress the fact that the jurisdiction rules in matrimonial matters under the new Regulation (EU) 2019/1111 have not practically underwent reform with respect to the previous text, the Regulation (EU) 2201/2003. The core objective of this work is to analyse the results of such a continuity in nowadays’ context, configured by the whole of European Regulations regarding international family relations. The evolution shown by these texts of the parameters that are on the basis of the articulation of their respective rules, as opposed to the immovability of those relating to matrimonial matters, motivates an important diversity. The interactions between these diverse instruments have an effect on the coherence of the architecture configured by all of them. This result requires to address the reasons for the option taken by European legislators for the continuity of the rules and leads to the conclusions of this paper and the need for a change of direction highlighted in it.