scholarly journals Pactele asupra unei succesiuni viitoare - 150 de ani de singurătate

2021 ◽  
Vol 65 (4) ◽  
pp. 750-786
Author(s):  
Ioana Olaru ◽  
Keyword(s):  
Historical Perspective ◽  
Civil Law ◽  
European Parliament ◽  
Applicable Law ◽  
Cross Border ◽  
Recognition And Enforcement ◽  
The Creation

This article examines the agreements as to succession from a historical perspective and in the context of the particular effects given by the  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 judgments and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. The article aims to establish the content and the admissibility of these agreements in  successions having cross-border implications that are governed by Romanian applicable law, and to determine which agreements allowed by Romanian civil law could fall under the European definition.

scholarly journals Pactele succesorale privite din perspectiva dreptuluii internațional privat

2021 ◽  
Vol 65 (4) ◽  
pp. 903-933
Author(s):  
Dan-Andrei Popescu ◽  
Keyword(s):  
Functional Analysis ◽  
International Law ◽  
Comparative Law ◽  
European Parliament ◽  
Private International Law ◽  
Applicable Law ◽  
Binding Force ◽  
Recognition And Enforcement ◽  
The Creation ◽  
The Law

This article aims at an analysis of agreements as to succession from the perspective of private international law. All forms of succession agreements are considered, including mutual wills. The study also contains references to comparative law in the field. The relevant provisions 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 – are analyzed. 650/2012, distinguishing between unilateral and bi- or multilateral pacts, as well as between the admissibility of pacts and issues related to their validity, including binding force and provisions on termination. The article concludes with a functional analysis dedicated to adapting the effects of agreements as to succession, wich are valid according to the hypothetical succession law, given that the lex successionis is hostile to them. More specifically, there is the issue of protecting the interests of force heirs by reference to the law applicable to the succession.

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

Forum ◽  
2020 ◽  
Vol 2 (1-2) ◽  
pp. 43-66
Author(s):  
Vojin Cekrlic
Keyword(s):  
Member State ◽  
European Parliament ◽  
State Courts ◽  
Primary Concern ◽  
Applicable Law ◽  
The Third ◽  
Effective Application ◽  
Recognition And Enforcement ◽  
The Creation ◽  
Abstract Formulation

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.

Dochodzenie roszczeń ze sprzedaży towarów w obrocie międzynarodowym na obszarze UE. Zagadnienie jurysdykcji

2016 ◽  
pp. 107-122
Author(s):  
Agata Michalska-Olek
Keyword(s):  
European Union ◽  
European Parliament ◽  
The European Union ◽  
Community Law ◽  
Judicial Decisions ◽  
Cross Border ◽  
National Jurisdiction ◽  
Recognition And Enforcement ◽  
The Way

The article aims to show the possible ways of judicial redress for claims resulting from sales of goods especially including the issue of jurisdiction and application of the provisions of national law or the provisions of Community law. In the article the provisions of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as well as the provisions of regulations of the European Parliament and of the Council were widely discussed. The author discusses in particular the issue related to cross-border contracts for the sales-of-goods within the European Union. Part of the deliberations concerns judicial rulings, in particular judicial decisions issued in cases in which the court shall consider the issue of jurisdiction of its own motion. In the conclusion of the article it is stated that the choice between the national jurisdiction and the jurisdiction of other states will depend on the terms of agreement between the parties as well as the documents related to the transaction, in particular consignment notes (CMR), and the EXW clauses – such a formulation means that the parties agreed to the way of delivery of goods according to the commercial (Incoterms) clauses, determining in such a way the issue of jurisdiction.

scholarly journals Odlučivanje o imovinskim odnosima bračnih drugova u ostavinskim postupcima sukladno Uredbi 2016/1103 o bračnoimovinskom režimu

2017 ◽  
Vol 38 (1) ◽  
pp. 449-471
Author(s):  
Paula Poretti
Keyword(s):  
Family Law ◽  
Member States ◽  
Applicable Law ◽  
Cross Border ◽  
International Couples ◽  
Recognition And Enforcement ◽  
Council Regulation ◽  
Property Regimes ◽  
European Family ◽  
Open Issues

Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes (hereinafter: Regulation 2016/1103) provides for uniform rules which should facilitate delivering of judgments concerning matrimonial property in cross-border disputes in 18 Member States which established enhanced cooperation between themselves in the area of the property regimes of international couples. The application of the Regulation 2016/1103 should contribue to the application of other european instruments in the fi eld of european family law in divorce and succession proceedings. The paper presents rules on jurisdiction and applicable law under the Regulation 2016/1103 which should be applied in proceedings concerning matrimonial property regimes. Application of the provisions of Regulation 2016/1103 on jurisdiction and applicable law in proceedings for succession will be analyzed. The paper elaborates on certain potentially problematic solutions and open issues revealed through interpretation of provisions of Regulation 2016/1103 which could cause doubts and uncertainties for the court and public notaries. Possible solutions which could remove diffi culties and insuffi ciencies in the application of the Regulation 2016/1103 will be suggested.

21. The 1996 Hague Convention on the Protection of Children

2021 ◽  
pp. 798-812
Author(s):  
N V Lowe ◽  
G Douglas ◽  
E Hitchings ◽  
R Taylor
Keyword(s):  
European Union ◽  
Hague Convention ◽  
The European Union ◽  
Parental Responsibility ◽  
Applicable Law ◽  
Cross Border ◽  
Recognition And Enforcement ◽  
The Uk ◽  
Different Cultures

Many relationships are now transnational ones between parties from different cultures and countries. The breakdown of these relationships means that increasing numbers of children are caught up in cross-border disputes. Such disputes raise a variety of issues, including which court should hear any question concerning the children’s upbringing, what happens if each parent brings separate proceedings at the same time, and about the enforceability of orders, for example that a parent living in one country should see their child in another country. Now that the UK has left the European Union the key international instrument for dealing with these issues is the 1996 Hague Convention on the Protection of Children which provides basic rules of jurisdiction for hearing cases concerning children and a consequential system of recognition and enforcement of decisions concerning parental responsibility. This chapter discusses the following aspects of the 1996 Convention: its aims, scope, the jurisdictional rules, applicable law with regard to parental responsibility, recognition and enforcement, the placement of children abroad and safeguarding rights of access.

scholarly journals Mimosmluvní závazkové poměry s mezinárodním prvkem z pohledu české autonomní úpravy

AUC IURIDICA ◽  
2021 ◽  
Vol 67 (3) ◽  
pp. 97-110
Author(s):  
Kateřina Holečková
Keyword(s):  
International Law ◽  
Private International Law ◽  
International Level ◽  
International Jurisdiction ◽  
Applicable Law ◽  
Cross Border ◽  
Recognition And Enforcement ◽  
Contractual Obligations ◽  
Border Elements

Private International Law is nowadays, to a large extent, regulated by European and international law and the scope of the application of autonomous national law is therefore limited. However, in case of non-contractual obligations with cross-border elements, this scope is still relatively broad, as certain matters are excluded from the regulation on the European and international level. The aim of this article is to analyze the regulation of non-contractual obligations with cross-border elements under the Czech Act on Private International law, namely its regulation of international jurisdiction, applicable law, and the recognition and enforcement of foreign judgements.

scholarly journals ASPECTS OF PRIVATE LAW WHICH ARE NOT ENFORCED BY THE REGULATION (EU) No. 650/2012

2016 ◽  
Vol 9 (4) ◽  
pp. 61-68
Author(s):  
Ioana Nicolae
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Private Law ◽  
Applicable Law ◽  
Recognition And Enforcement ◽  
The Law ◽  
Council Regulation ◽  
To Come ◽  
A Company ◽  
Property Regimes

A novelty element which concerns even Romanian citizens is the enforcement of Regulation (EU) no 650/2012. Although the area of enforcement of the regulation should include all aspect of civil law regarding a deceased person’s patrimony, certain aspects were deliberately left out from the enforcement area of this regulation, as the questions governed by the law of companies or relating to matrimonial property regimes. To illustrate the effects of the death of an associate in a company, we will provide a short comparative presentation of the continuance of the collective society with the heirs of the deceased partner as regulated by Law no 31/1990 regarding Romanian companies as opposed to the French Civil Code. Also, our brief analysis of the Proposal for a Council regulation on jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes, may shed some light on what is to come in matrimonial property regimes.

scholarly journals Nasljednopravna stvar s prekograničnim elementom i nadležnost u okviru Uredbe (EU) br. 650/2012 o nasljeđivanju

2020 ◽  
Vol 41 (1) ◽  
pp. 89-108
Author(s):  
Slađana Aras Kramar
Keyword(s):  
Empirical Study ◽  
Competent Authority ◽  
Habitual Residence ◽  
Member States ◽  
Main Research ◽  
Applicable Law ◽  
Cross Border ◽  
Recognition And Enforcement ◽  
European Regulations ◽  
The Subject

After four years since 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 successions and on the creation of a European Certificate of Succession has been implemented, in the paper certain theoretical, as well as implementationpractical issues will be analysed and discussed, based on the results of an empirical study on the implementation of the Regulation in Croatia and Slovenia during May – September 2019. The aim of the research is to detect and analyse the deficiencies of the existing normative regulation and problems in the implementation of the Regulation through the analysis of the normative framework of the Regulation, as well as European and national, Croatian and Slovenian implementing regulations and the experience of three groups of Croatian and Slovenian practitioners (judges, notaries, attorneys-at-law). After introductory remarks on the subject matter and methodology of the research, in the paper the succession matter with a cross-border element, the material scope of the Regulation and its relation to other European regulations are determined. Then follows the part of the paper on the principle of the unity of the estate, in which certain issues with situations of the existence of property constituting the estate in third states are discussed, especially in neighbouring post-Yugoslav states. Within the fourth part of the paper on the jurisdiction, the issues of determining the habitual residence in practice, the challenges faced by the competent authorities in determining jurisdiction based on that link are analysed and discussed, as well as specific issues with the agreement on the choice-of-court. Challenging situations of double lis pendens in Member States are also discussed, as a consequence of the duty of a competent authority in some Member States, such as Croatia and Slovenia, to initiate succession proceedings ex officio if immovable property is located in its territory. The final part of the paper contains a summary synthesis of the main research results, as well as some reflections on the coherent implementation of the Regulation in Croatia and Slovenia, and consequently in other Member States.

scholarly journals Foreword

2020 ◽  
pp. 7-8
Author(s):  
Maciej Szpunar
Keyword(s):  
International Law ◽  
Private International Law ◽  
Applicable Law ◽  
Current Volume ◽  
Recognition And Enforcement ◽  
The Creation

The current volume of “Problemy Prawa Prywatnego Międzynarodowego” — the leading Polish periodical in the field of private international law — is primarily devoted to the Regulation No 650/2012 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 Succession Regulation”).

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