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Tiek rādīts Nr. 10 no 15 rezultāti

This briefing, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs, provides an assessment of the state of implementation of the EU Regulation on cross-border succession with a view to determining whether it is fulfilling its goal of ensuring legal certainty, predictability and simplification for citizens. It focusses, in particular, on the provisions on public policy’s exception, universal application, renvoi and on the European Certificate ...

This briefing, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs, provides an assessment of the state of implementation of the EU Regulation on cross-border succession with a view to determining whether it is fulfilling its goal of ensuring legal certainty, predictability and simplification for citizens. It focusses, in particular, on the provisions on the scope, applicable law, party autonomy and parallelism between forum and jus.

The EU Succession Regulation (Regulation 650/2012) allows for cross-border circulation of authentic instruments in a matter of succession. Authentic instruments are documents created by authorised authorities which benefit from certain evidential advantages. As this Regulation does not harmonise Member State substantive laws or procedures concerning succession the laws relating to the domestic evidentiary effects of succession authentic instruments remain diverse. Article 59 of the Succession Regulation ...

Compendium of notes distributed on the workshop on "Civil aw and justice forum", held on 26 February 2015 in Brussels.

There are approximately 16 million international couples (either of different nationalities and/or living abroad) in the EU. They face legal difficulties and high procedural costs due to uncertainties over which national laws apply to their property. This is particularly the case when one of them dies, or when a couple separates (around 650 000 cases per year).

This opinion deals with the consolidated text of the draft Regulation on succession law in the version dated 10/16 January 2012. The decisions underlying the draft appear to be sound: synchronisation of jurisdiction and applicable law, the decisive significance of the deceased’s last place of residence, the principle that the same law is to govern the succession as a whole, and the establishment of a European Certificate of Succession. The draft makes significant improvements on previous versions ...

Europeans often need to use notarial instruments for successions. When a succession involves people or assets located in different Member States, there is an obvious need to use such instruments coming from another Member State. This note highlights the main difficulties arising from the cross-border movement of notarial instruments. It concludes by making some proposals concerning the contents of the proposal for a European regulation on international successions, with the aim of simplifying and ...

This note analyses the provisions on the content and effects of the European Certificate of Succession, laid down in the Proposal for a Regulation on Succession and Wills. The main purpose of the European Certificate is to constitute a proof of the capacity of heir or legatee and the powers of the executors of wills or thirdparty administrators. There is close link between the content and the effects of the European Certificate of succession. They follow from the purpose for which the certificate ...

This note analyses the content and scope of the public policy provisions in the Proposal for a Regulation of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession. It then proposes recommendations for amending the wording of those provisions.

This note identifies and examines the legal consequences of the decision by Ireland not to opt in the proposed EU Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession. In particular, the note assesses the impacts that a decision by Ireland not to take part in the adoption of the proposed Regulation could have on nationals of other EU Members States residing in ...