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 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.

POTENTIAL UNIFICATION IN THE FIELD OF CROSS-BORDER CONTRACTUAL RELATIONS IN THE BRICS COUNTRIES

Lex Russica ◽  
2019 ◽  
pp. 9-17
Author(s):  
Ya. O. Alimova
Keyword(s):  
South Africa ◽  
Cape Town ◽  
Vienna Convention ◽  
International Treaties ◽  
Great Role ◽  
Member States ◽  
Cross Border ◽  
Brics Countries ◽  
Recognition And Enforcement ◽  
Contractual Relations

The article is devoted to the peculiarities of regulation of cross-border contractual relations that are being developed within the BRICS countries in compliance with universal international treaties. The author has outlined the prospects and problems with which traders from BRICS countries are facing when concluding contracts. International treaties, which contain, above all, uniform substantive rules, play a great role in concluding cross-border contracts. However, all the BRICS countries are member-states to very few treaties. The author of the article has revealed that such conventions still exist, although not only in the contractual field. The article pays special attention to the peculiarities of application of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, the Cape Town Convention on International Interests in Mobile Equipment of 2001 and, indeed, the Vienna Convention on Contracts for the International Sale of Goods of 1980 (although only three BRICS countries are involved, it can also be applied to India and South Africa).

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.

European Court of Justice Jurisprudence in the Field of Avoidance Actions with International Elements for Filling the Insolvency Estate

2020 ◽  
Vol 26 (2) ◽  
pp. 205-210
Author(s):  
Yordanka Noneva-Zlatkova
Keyword(s):  
National Level ◽  
European Court Of Justice ◽  
Border Effect ◽  
Applicable Law ◽  
Cross Border ◽  
Court Of Justice ◽  
European Court ◽  
The Subject ◽  
Insolvency Proceedings

AbstractWith the development of the internal market, the need to establish rules ensuring the protection of creditors in insolvency proceedings with a cross-border effect is increasing. Mechanisms at national level are difficult to provide the desired protection for foreign creditors. Since 26.06.2017 EU has a new Regulation 848/2015 which repeals the current Regulation 1346/2000. Despite the radical changes, it is attempting to implement this legislative act, the main objective of insolvency proceedings remains unchanged, namely, to achieve fair satisfaction of creditors. One of the mechanisms for the realisation of this objective are avoidance actions with international element for filling the insolvency estate. In view of the specifics of the procedure, the standard civil law mechanisms such as the Actio Pauliana are not impossible but are extremely inadequate and difficult to prove. In the practice of the Member States, many issues arise concerning the determination of jurisdiction and applicable law, creation of preconditions for the abuse in searching the most favourable legal system (forum shopping), there are differences in the so-called ‘suspicious periods’ and transactions concluded with affiliates. On this basis a fundamental jurisprudence of the CJEU has been enacted, the achievement of which will be the subject of this paper.

Cross-Border Enforcement of Intellectual Property Rights

2021 ◽  
Author(s):  
Paul Torremans ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
International Agreements ◽  
Research Review ◽  
Border Enforcement ◽  
Cross Border ◽  
Recognition And Enforcement ◽  
The Subject ◽  
Selection Of

This research review discusses an important selection of research articles and papers on the cross-border enforcement of intellectual property rights. The selected texts examine the subject from a variety of important perspectives including economics, international agreements, patents, trade secrets, copyright, trademarks, recognition and enforcement. This review is an insightful and valuable resource for all those with an eye on the field.

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 European Small Claims Procedure and Its Place in the System of Polish Separate Proceedings

2019 ◽  
Vol 2 (3) ◽  
pp. 36-52 ◽  
Keyword(s):  
Legal System ◽  
European Parliament ◽  
Member States ◽  
Cross Border ◽  
Small Claims ◽  
The Subject ◽  
Simplified Procedure

The European proceedings in cross-border cases, to which the European order for payment and the European Small Claims Procedures belong, were introduced into Polish legal system on 12 December 2008 as an alternative to the existing proceedings provided for in the laws of the Member States. The base for the application of the European Small Claims Procedure is Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007, establishing the European Small Claims Procedure. The Polish legislator decided to place a modest regulation of these procedures amongst separate proceedings. To approximate the subject issue, the nature of the European Small Claims Procedure needs to be considered along with its relations with selected separate proceedings (such as order for payment proceedings, writ of payment proceedings, electronic writ of payment proceedings, simplified procedure and European order for payment procedure), the nature of which justifies including them in the group of accelerated and simplified proceedings.

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 Differences Between the Recognition and Enforcement of Authentic Instruments and the Recognition and Enforcement of Judgments

Lexonomica ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 1-16
Author(s):  
Maria Dymitruk ◽  
Jacek Gołaczyński ◽  
Maria Kaczorowska ◽  
Piotr Rodziewicz
Keyword(s):  
European Union ◽  
Case Law ◽  
Legal Order ◽  
The European Union ◽  
Cross Border ◽  
Court Of Justice ◽  
Recognition And Enforcement ◽  
The Subject ◽  
Definition Of

The subject of the article is to analyse and compare the specificity of judgments and authentic instruments in terms of cross-border recognition and enforcement under the Brussels I Recast Regulation framework. Particular focus has been put on the practical aspects of the definition of an authentic instrument. Selected detailed issues arising against this background have been discussed with reference to the Polish legal order as well as the case-law of the Court of Justice of the European Union (CJEU). Based on the undertaken considerations, some proposals have been formulated regarding the enhancement of the free circulation of authentic instruments within the European Union.

scholarly journals Provisional Security of Creditors in Cross-border Civil and Commercial Matters

Lexonomica ◽  
2020 ◽  
Vol 12 (2) ◽  
pp. 129-148
Author(s):  
Neža Podgorelčnik Vogrinec
Keyword(s):  
European Union ◽  
Case Law ◽  
The Other ◽  
The European Union ◽  
Provisional Measure ◽  
Member States ◽  
Cross Border ◽  
Recognition And Enforcement

Provisional measures can be of utmost importance to creditors especially in relationships with a cross-border element. The Regulation 1215/2012 is the legal source that provides rules regarding the jurisdiction to issue a provisional measure but also offers imperfect provisions regarding the recognition and enforcement of foreign provisional measures issued in the other Member States of the European Union. Due to the inadequate regulation, CJEU case law has played an important role, but nevertheless, the article finds and opens new questions that have not yet been answered.

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