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

Đorđević, Slavko

doi:10.25234/pv/9685

2020

DOI: 10.25234/pv/9685

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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

Slavko Đorđević

Abstract: resolving such conflicts. Finally, in the absence of relevant case law on positive jurisdiction conflicts caused by the divergent rules of ESR and the Serbian PIL Act, two hypothetical cases involving such conflicts, created for the purposes of this paper, will be discussed from both Croatian and Serbian point of view.

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Cited by 2 publications

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

Cekrlic

2020

Forum

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

Cekrlic

2020

Forum

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Private International law of Montenegro and Serbia in the field of inheritance and achieving harmony in decision-making

Ranković

2024

Zb Pravnog fak Novi Sad

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In this paper, the provisions of the private international law of Montenegro and the Republic of Serbia in the field of inheritance are comparatively analysed. Firstly, the legal norms on the international jurisdiction in both states, from the aspect of prevention of positive conflicts of jurisdiction are examined, followed by the analysis of the rules for determining the applicable law for inheritance. Then, Private International law issues (jurisdiction, applicable law and mutual recognition of decisions) are discussed through six hypothetical factual situations, in order to illustrate the problems of coordination that courts, i.e., notaries in these two countries may face in deciding the cases regarding inheritance with a foreign element. The aim of the paper is to examine whether the differences in the legal norms on international jurisdiction and applicable law have a negative impact on the resolution of inheritance law cases related to two states and to consider possible solutions in order to eliminate this negative impact.

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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

Cited by 2 publications

References 5 publications

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

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

Private International law of Montenegro and Serbia in the field of inheritance and achieving harmony in decision-making

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