Maintenance obligations most often originate from closely related unions and the court intervention usually occurs only when those unions fall apart. This in itself puts the maintenance creditor in an unfavourable situation. When the latter is confronted with legal regulations, proof of eligibility and related costs, this only worsens their situation. If the maintenance debtor has a permanent or habitual residence in a foreign country, this further complicates and prolongs the entire procedure. In such situations, it is important to have a legal framework, which protects the maintenance creditor as a weaker party and allows them to quickly exercise the right of which their existence depends.
The purpose of the master's thesis is to show how the problem of determining jurisdiction and the question of recognition and enforcement in maintenance obligations was addressed by the European Union, which excluded maintenance matters from the Brussels I Regulation as a general regulation laying down the rules on international jurisdiction, recognition and enforcement of foreign decisions in the field of civil and commercial matters. The EU acknowledged the status of a weaker party to the maintenance creditor and accordingly refined in the Maintenance regulation the rules on international jurisdiction, as well as on recognition and enforcement of foreign judgements in maintenance matters arising from family relationships, marriage, parenthood and family by marriage. The rules for resolving cross-border legal issues in Slovenian legislation and the rules contained in the Brussels I Regulation are presented. Furthermore, a comparison is made with the Maintenance Regulation, from which we can see its improvements. Briefly, the master's thesis also touches upon the issue of jurisdiction over maintenance obligations originating from contractual and tort relationships.
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