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@inbook{2417943, author = {Kornel, Martin and Králíčková, Zdeňka}, address = {Warszawa}, booktitle = {The impact of EU law on the family law of selected Central European Countries Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood}, editor = {Paweł Sobczyk}, keywords = {parenthood; jurisdiction; applicable law; motherhood; fatherhood; kinship; adoption; surrogacy; public order; recognition}, howpublished = {tištěná verze "print"}, language = {eng}, location = {Warszawa}, isbn = {978-83-67149-65-5}, pages = {31-48}, publisher = {Instytut Wymiaru Sprawiedliwości}, title = {Czech Republic. An expert opinion on the compliance of the European Commission Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood {SEC(2022) 432 final} – {SWD(2022) 390 final} – {SWD(2022) 391 final} – {SWD(2022) 392 final} with national law of the Czech Republic}, year = {2024} }
TY - CHAP ID - 2417943 AU - Kornel, Martin - Králíčková, Zdeňka PY - 2024 TI - Czech Republic. An expert opinion on the compliance of the European Commission Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood {SEC(2022) 432 final} – {SWD(2022) 390 final} – {SWD(2022) 391 final} – {SWD(2022) 392 final} with national law of the Czech Republic VL - Neuveden PB - Instytut Wymiaru Sprawiedliwości CY - Warszawa SN - 9788367149655 KW - parenthood KW - jurisdiction KW - applicable law KW - motherhood KW - fatherhood KW - kinship KW - adoption KW - surrogacy KW - public order KW - recognition N2 - In our assessment, the compatibility of the Regulation Proposal with Czech national law is thoroughly examined across various key aspects: Jurisdiction: The analysis begins by discussing jurisdiction rules, specifically under section 53 of PILA, which outlines a structured framework for establishing the jurisdiction of Czech courts. It explains how the proposed Regulation aligns with existing Czech jurisdiction principles. Notably, the Regulation Proposal’s lis pendens rule is found to be stricter but is considered consistent with Czech national law. Applicable Law: Although traditional connecting factors according to Czech law are different in comparison to the Regulation Proposal, we consider the Regulation Proposal to be consistent with Czech national law. Recognition: We emphasise contemporary differences in the criteria for parenthood recognition of foreign court judgments. Yet, the Regulation Proposal is considered compatible with Czech national law. The overall conclusion of the assessment is that, across all these aspects, the Regulation Proposal appears to be harmonious with the principles and framework of Czech national law. It highlights the importance of alignment with European regulations to ensure consistency and facilitate the resolution of cross-border family law issues. ER -
KORNEL, Martin a Zdeňka KRÁLÍČKOVÁ. Czech Republic. An expert opinion on the compliance of the European Commission Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood $\{$SEC(2022) 432 final$\}$ – $\{$SWD(2022) 390 final$\}$ – $\{$SWD(2022) 391 final$\}$ – $\{$SWD(2022) 392 final$\}$ with national law of the Czech Republic. In Paweł Sobczyk. \textit{The impact of EU law on the family law of selected Central European Countries Proposal for a Council Regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood}. Warszawa: Instytut Wymiaru Sprawiedliwo\'sci, 2024, s.~31-48. ISBN~978-83-67149-65-5.
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