El régimen procesal contencioso relativo a los alimentos del menor según el derecho internacional privado de la Unión Europea

Abstract

Like the internal legislator, the European Union seems to have developed a whole legal arsenal in favor of the maintenance creditor. Regulation 4/2009 regarding maintenance obligations has been described as particularly important far the simple reason that we are entering here in a domain where the existence of a convention means not only greater comfort or simplicity or security in business, but also the granting a minimum of protection to especially vulnerable human beings, who are minors. The disparity of state rules is considered a source of disorder, while the difficulty of finding a single national Judge capa ble of deciding on the dispute, the variety of conflict of law rules from one State to another, and the various obstacles to recognition and enforcement abroad of a decision on maintenance are problems to which the European legislator intends to give an effective response. The assumption by the EU of rules of private international law thus seeks to establish itself as a source of legal certainty.