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.

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.

ANTI-SUIT INJUNCTIONS IN ARBITRAL AWARDS: ENFORCEMENT IN EUROPE

2015 ◽  
Vol 74 (3) ◽  
pp. 412-415
Author(s):  
Ewelina Kajkowska
Keyword(s):  
European Union ◽  
Member State ◽  
State Courts ◽  
The European Union ◽  
Court Of Justice ◽  
The Status ◽  
Recognition And Enforcement ◽  
The Relationship ◽  
Brussels Regulation

THE status of anti-suit injunctions in Europe has long given rise to controversy. The decision of the Court of Justice of the European Union in Case C-536/13, Gazprom OAO [2015] All E.R. (EC) 711 sheds a new light on the relationship between anti-suit injunctions and the European jurisdiction regime embodied in the Brussels Regulation (Regulation No. 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters). In this much anticipated judgment, the Court of Justice confirmed that, by virtue of the arbitration exclusion in Article 1(2)(d) of the Brussels Regulation, Member State courts are not precluded from enforcing anti-suit injunctions issued by arbitration tribunals and aimed at restraining the proceedings before Member State courts. Although the decision was given before the Recast Brussels Regulation came into force (Regulation No. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, effective from 10 January 2015), it can be assumed that the same conclusion would have been reached under the new law.

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”).

Native Americans and the Third World Strike at UC Berkeley

2019 ◽  
Vol 42 (2) ◽  
pp. 32-39
Author(s):  
LaNada War Jack
Keyword(s):  
Native American ◽  
Native Americans ◽  
Personal Experience ◽  
Third World ◽  
Leadership Roles ◽  
The Third ◽  
The Creation ◽  
The 1960S ◽  
The Third World ◽  
The University

The author reflects on her personal experience as a Native American at UC Berkeley in the 1960s as well as on her activism and important leadership roles in the 1969 Third World Liberation Front student strike, which had as its goal the creation of an interdisciplinary Third World College at the university.

Prawo obywateli Unii Europejskiej do czynnego i biernego udziału w wyborach parlamentarnych w kraju członkowskim miejsca pobytu

2016 ◽  
Vol 14 (4 (1)) ◽  
pp. 23-37
Author(s):  
Marek Danikowski
Keyword(s):  
Member State ◽  
European Parliament ◽  
European Democracy ◽  
The Right ◽  
Insufficient Knowledge ◽  
The Eu

The right of EU citizens residing in another Member State, to vote and stand in elections to the European Parliament is a major achievement of the European democracy. In the light of EU citizens’ still insufficient knowledge concerning the opportunities and benefits brought in by this right, it is worth making this institution more familiar to themin a straightforward way, at the same time balancing criticism towards the idea of the EU.

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.

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