Author
Listed:
- Dumitrița Florea
(Associate professor Phd, "Stefan cel Mare" University of Suceava, Romania)
- Narcisa GaleÈ™
(Lecturer Phd, "Stefan cel Mare" University of Suceava, Romania)
Abstract
Determining the national law that will apply to a legal relationship with an element of foreign law is a central objective of private international law. This involves the use of conflict-of-law rules to identify the most appropriate law, given the nature and specific characteristics of the legal relationship in question. Determining the competent court to resolve disputes involving elements of foreign law is essential for the functioning of the international legal system. This objective includes identifying the court that has jurisdiction and can deliver a valid judgment in an international context. The rules of international jurisdiction determine which national courts are competent to hear a cross-border dispute. These rules are essential for avoiding conflicts of jurisdiction and ensuring the efficient resolution of disputes. Ensuring that judgments given in one state can be recognized and enforced in another state is a crucial objective of private international law. This mechanism prevents the need for retrials in other jurisdictions and ensures legal continuity and stability. The procedures and criteria by which foreign judgments are recognised and enforced vary between jurisdictions, but generally include verification of: the competence of the court that issued the judgment; respect for the right to a fair trial; and the conformity of the judgment with the public policy of the requested State. Ensuring respect for the fundamental rights of the parties involved in international legal relations is another major objective. This includes guaranteeing a fair trial, respecting the principle of non-discrimination and ensuring the protection of personal data. Private international law must ensure that conflict-of-law rules and judicial procedures respect the fundamental rights of the persons involved, including the right to a fair trial, non-discrimination and the protection of personal data. Promoting coherence and uniformity in the application of international legal rules through international conventions and treaties is essential to reducing conflicts of laws and facilitating international cooperation.
Suggested Citation
Dumitrița Florea & Narcisa Galeș, 2024.
"The Impact of Cross-Border Mobility on the Family,"
Revista romaneasca pentru educatie multidimensionala - Journal for Multidimensional Education, Editura Lumen, Department of Economics, vol. 11(2), pages 32-39, December.
Handle:
RePEc:lum:rev1rl:v:11:y:2024:i:2:p:32-39
DOI: https://doi.org/10.18662/eljpa/11.2/229
Download full text from publisher
Corrections
All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:lum:rev1rl:v:11:y:2024:i:2:p:32-39. See general information about how to correct material in RePEc.
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
We have no bibliographic references for this item. You can help adding them by using this form .
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Antonio Sandu (email available below). General contact details of provider: https://lumenpublishing.com .
Please note that corrections may take a couple of weeks to filter through
the various RePEc services.