O realizacji zasady jednolitości statutu spadkowego w świetle rozporządzenia nr 650/2012
On the implementation of the uniformity principle of the succession statute in the Regulation (EU) № 650/2012

Summary/Abstract: 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 decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of an European Certificate of Succession introduces the principle of uniformity of the statute of succession. This principle should ensure in advance that the succession is governed by a predictable law with which it is closely connected. For reasons of legal certainty and in order to avoid the fragmentation of the succession, that law should govern the succession as a whole, that is to say, all of the property forming part of the estate, irrespective of the nature of the assets and regardless of whether the assets are located in another Member State or in a third State. The purpose of this article is to discuss some exceptions to the above mentioned principle of uniformity and to assess whether the principle of uniformity of the statute of succession provided for in the regulation can actually be implemented effectively.

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