Határon átnyúló öröklési ügyek a globalizáció korában
Cross-border issues of succession in the age of globalization
Author(s): Laura De NegriSubject(s): International Law, Law and Transitional Justice
Published by: Fórum Könyvkiadó Intézet
Keywords: European regulation on matters of succession; legacy; citizenship; habitual residence; applicable law; jurisdiction; globalization
Summary/Abstract: The study deals with the most important rules of the European regulation on matters of succession, and attempts to demonstrate how the judicial cooperation is being realized in the European Union when it comes to succession-related issues. Furthermore, the study shows which mechanisms and alternatives are available in the European regulation for cases when the main rule cannot be applied. Through examples, it explores the fate of assets belonging to the legacy of the deceased person and takes into consideration the preconditions that the potential legal solutions are subject to. Finally, in the form of a comparison the study looks at the issues encountered when the law of a third country is at play besides that of an EU member state despite the fact that the effect of the European regulation on matters of succession does not extend to third counties. The latter is presented through the example of Serbia and the summary of the rules of the Serbian act on private international matters, which in some cases are incompatible with those of the European regulation on matters of succession, resulting in significant issues. In relation to this, special attention must be paid to the obsolete interpretation of the jurisdictional principles in the Serbian act on private international matters, which does not take into consideration certain current phenomena, namely, international migration and globalization.
Journal: Létünk
- Issue Year: XLIX/2019
- Issue No: 2
- Page Range: 117-129
- Page Count: 13
- Language: Hungarian