Publication at Faculty of Mathematics and Physics |
2011
Abstract
The article analyses conflict-of-law rules in the proposal for the 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, submitted by the Commission at the end of 2009. Chapter III of the Regulation proposal, containing provisions on applicable law, is among the most discussed chapters.
The author scrutinizes connecting factors, including choice of law, and summarizes some the arguments and comments delivered on this topic by academics and other experts in the neigbouring Germany.