ОБИМ ПРИМЕНЕ НАСЛЕДНОГ СТАТУТА У МЕЂУНАРОДНОМ ПРИВАТНОМ ПРАВУ
THE SCOPE OF APPLICABLE INTESTATE SUCCESSION LAW IN PRIVATE INTERNATIONAL LAW

Summary/Abstract: The choice of this specific topic clearly demonstrates the author’s intention to shed more light on one of those issues that have a highly practical impact and significance in Private International Law. This issue has often been approached on a routine basis rather than on analytical grounds. Some critical remarks may be referred not only to the legislator but also to the legal science in general, which seems to have avoided the problem by adhering to the stereotype that applicable succession law covers all issues deriving from succession relations. In this paper, the author shows that the problem is much more complex in practice. The author points out that in the states where the applicable intestate succession law has an equal standing as the law of the testator’s state of citizenship or domicile, there is a natural tendency to apply either the law of the testator’s state of citizenship or the law of the testator’s state of domicile in resolving succession disputes. However, regarding the legitimate interests of other states to apply their own regulations in some aspect of such a legal relation, the author also tries to find an answer to the question why and to what extent the interests of other states should be taken into account. Yet, the author neither disputes nor denies that the pivotal point of such a relation is certainly the testator. In the conclusion, the author urges that the problem of the scope of applicability of the intestate succession law in the future national legislation on Private International Law should be resolved by enumerating the issues which should be regulated by some other statutory provisions rather than the intestate succession statute. The author points out that it is the best way to ensure a sufficient legal protection and safety for potential successors, nationals or foreign citizens alike.

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