15

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The state of implementation of the EU Succession Regulation’s provisions on public policy’s exception, universal application and renvoi, the European Certificate of Succession and access to registers

20-11-2017

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 public policy’s exception, universal application, renvoi and on the European Certificate of Succession.

Autor externo

Isidoro Antonio Calvo Vidal, Civil Law Notary, Doctor in Law

The state of implementation of the EU Succession Regulation’s provisions on its scope, applicable law, freedom of choice, and parallelism between the law and the courts

20-11-2017

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.

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.

Autor externo

François Trémosa, notary in Toulouse, France

The Evidentiary Effects of Authentic Acts in the Member States of the European Union, in the Context of Successions

15-03-2016

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 ...

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 requires the Member States party to the Regulation to give succession authentic instruments the evidentiary effects they would enjoy in their Member State of origin. The only limits on this obligation being public policy or the irreconcilability of the authentic instrument with a court decision, court settlement or another authentic instrument. This study, which was commissioned by the Policy Department for Citizen's Rights and Constitutional Affairs of the European Parliament upon request of the Committee on Legal Affairs, provides an information resource for legal practitioners concerning the evidentiary effects of succession authentic instruments in the 25 Member States bound by the Succession Regulation. It also makes recommendations for best practice.

Autor externo

Paul BEAUMONT, Jonathan FITCHEN and Jayne HOLLIDAY (University of Aberdeen)

Cross-Border Activities in the EU - Making Life Easier for Citizens

16-02-2015

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

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

Autor externo

Giesela Rühl (Jena Universtity), Jan von Hein (Freiburg University), Pierre Callé (Paris Sud University, Paris XI), Michael P. Clancy (The Society of Scotland, UK), Christiane Wendehorst (Vienna University), Kurt Lechner (Notary Chamber of Palatinate, Germany), Eva Põtter (Estonian Chamber of Notaries), Paul Lagarde (Université Paris I, Panthéon-Sorbonne, Harm Schepel (Brussels School of International studies), Pablo Cortés (University of Leicester), Giuseppe De Palo (ADR Center Srl) and Gottfried Musger (Austrian Supreme Court - OGH)

Property rights for Europe's international couples

05-09-2013

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).

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).

Stellungnahme zum Vorschlag für eine Europäische Erbrechtsverordnung Version 2009/157 (COD) vom 16.1.2012

15-02-2012

Die Stellungnahme untersucht die konsolidierte Version der geplanten Erbrechtsverordnung in der Fassung vom 10./16.1.2012. Die Grundentscheidungen des Entwurfs erscheinen sinnvoll: Gleichlauf zwischen Zuständigkeit und anwendbarem Recht, Maßgeblichkeit des letzten Aufenthaltsorts des Erblassers, einheitliches Erbstatut, Schaffung eines europäischen Nachlasszeugnisses. Dem Entwurf sind deutliche Verbesserungen gegenüber früheren Fassungen zu attestieren; dies gilt insbesondere für die kollisionsrechtlichen ...

Die Stellungnahme untersucht die konsolidierte Version der geplanten Erbrechtsverordnung in der Fassung vom 10./16.1.2012. Die Grundentscheidungen des Entwurfs erscheinen sinnvoll: Gleichlauf zwischen Zuständigkeit und anwendbarem Recht, Maßgeblichkeit des letzten Aufenthaltsorts des Erblassers, einheitliches Erbstatut, Schaffung eines europäischen Nachlasszeugnisses. Dem Entwurf sind deutliche Verbesserungen gegenüber früheren Fassungen zu attestieren; dies gilt insbesondere für die kollisionsrechtlichen Regelungen, die Regelungen zur grenzüberschreitenden Entscheidungsvollstreckbarkeit, die Regelungen für das Europäische Nachlasszeugnis sowie für die erweiterten Übergangsvorschriften. Allerdings enthält der Entwurf auch Bereiche, in denen Nachbesserungsbedarf besteht. Sie sind im Executive Summary einzeln aufgelistet.

Autor externo

Burkhard Hess, Erik Jayme and Thomas Pfeiffer assisted by Stefan Huber, Björn Laukemann, D. Robert Magnus and Stefanie Spancken (Ruprecht-Karls-Universität Heidelberg Institut für ausländisches und internationals Privat- und Wirtschaftsrecht)

The movement of notarial instruments in the European legal area

30-11-2010

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 ...

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 clarifying the cross-border use of notarial instruments.

Autor externo

Paolo Pasqualis

Content and effects of the European Certificate of succession as proposed in the Proposal for a Regulation on Succession and Wills

30-11-2010

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 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 is issued. Following the note's conclusions, the European Certificate cannot constitute a title for entries in public registers.

Autor externo

Lenka LESZAY

The Public-Policy Exception and 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 (COM(2009)154)

15-11-2010

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 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.

Autor externo

Etienne Pataut (Ecole de droit de la Sorbonne - Paris 1 - IRJS)

Legal Consequences of the Decision by Ireland not to Take Part in the Adoption of an EU Regulation on Succession

15-03-2010

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 ...

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 Ireland and owning assets and property in other Member States and on Irish nationals considered as habitually resident abroad or holding assets and property in other Member States. (See also documents n° PE 419.626 et PE 419.629 including other notes prepared for the Workshop on the Proposal for a Regulation on Succession.)

Autor externo

William Binchy (Trinity College Dublin)

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