Jurisdiction and ammendments by Spanish courts of measures relating to alimony established by foreign courts. A commentary to the order of the Spanish Supreme Court of September 17, 2019
Abstract
The modification by Spanish courts of measures granted by foreign courts is a difficult topic due to the combination of different regulatory instruments of a very diverse nature (European, international and national). All of them must be interpreted in an integrated manner in order to determine the competence of a specific court. In this study, the Order of September 17, 2019 rendered by the Spanish Supreme Court is analyzed. The order solves a negative conflict of jurisdiction between two Spanish courts, which declared their lack of territorial jurisdiction with regard to a claim of modification of measures adopted in a divorce decree previously pronounced by a Romanian court. The modification of measures was requested before the Spanish courts and concerned the amount of the child support of the daughter of the divorced spouses.
