ODSTUPANJA OD NAČELA JEDINSTVA NASLJEĐIVANJA U UREDBI EU-a O NASLJEĐIVANJU

This paper argues that the principle of unity of succession is one of the key concepts of the Succession Regulation. By operation of this principle on the jurisdictional level, the Regulation tends to favor a perspective of a single Member State when it comes to all issues related to succession. The principle of unity of succession does not of course eliminate the need to proceed to the characterization and to delimitate the scopes of conflict of laws rules at stake. However, this principle — aiming to promote a unitary vision of a single estate in all the Member States bound by the Regulation — sets a tone for some interpretative techniques that tend to favor succession-related characterization of the issues having some importance in the context of succession with cross-border implications. According to the Author, effet utile-driven characterization, on the one hand, and succession-friendly characterization of the issues falling within ‘gray areas’ created by the operation of Article 1(2) of the Succession Regulation, on the other hand, are among them.

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Ograničenje predmeta postupka za raspravljanje zaostavštine pred sudom države članice – primena Cl. 12 EU uredbe o nasleđivanju

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2020

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In the following paper we are dealing with certain application aspects regarding the article 12 of Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. The author’s primary concern is to analyze the justification of its constitution in principle, and then to deal with certain issues regarding the possibility of its effective application. Particular attention is paid to interpreting the conditions underlying the application of the article 12, whose abstract formulation can, in certain aspects, represent a problem for the the member state courts upon their decision not to administrate assets of the estate located in a third country. Moreover, there will be a word as regards to the influence that limitation of proceedings before member state courts has on realization of the principle of unity of succession established by the Succession Regulation, which will be followed by hypothetical example and a suggestion of a possible solution concerning scission of succession, one that would not disrupt the coordination with the third country legal orders.

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ODSTUPANJA OD NAČELA JEDINSTVA NASLJEĐIVANJA U UREDBI EU-a O NASLJEĐIVANJU

Cited by 4 publications

References 10 publications

Some Remarks on Prevention and Resolution of Positive Jurisdiction Conflicts Between Croatian (Member State) and Serbian Courts in Crossborder Succession Cases – From Croatian (Eu) and Serbian Point of View

Some Remarks on Prevention and Resolution of Positive Jurisdiction Conflicts Between Croatian (Member State) and Serbian Courts in Crossborder Succession Cases – From Croatian (Eu) and Serbian Point of View

The Principle of a Single Estate and Its Role in Delimiting the Applicable Laws

Ograničenje predmeta postupka za raspravljanje zaostavštine pred sudom države članice – primena Cl. 12 EU uredbe o nasleđivanju

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