JURISDICTION, COMPETENT JUDICIAL AUTHORITIES AND PROCEEDINGS UNDER REGULATION (EU) NO 650/2012 ON SUCCESSION

Authors

  • Paula Poretti Faculty of Law, University of Osijek, Osijek, Croatia

DOI:

https://doi.org/10.30925/zpfsr.37.1.20

Keywords:

matters of succession; cross-border implications; Regulation on succession; notary public; court proceedings; case C-404/14

Abstract

Novelties in the field of matters of succession brought by implementation 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 disscused in the paper. Especial emphasis is on jurisdiction, competent judicial authority and proceedings under Regulation on succession. In this sense, in the first part of the paper detailed analysis of provisions of Commission Implementing Regulation (EU) No 1329/2014 of 9 December 2014 establishing the Forms referred to in Regulation (EU) No 650/2012 of the European Parliament and of the Council 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 and provisions of Croatian Law on implementation of Regulation (EU) No 650/2012 of the European Parliament and of the Council 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 is provided. In the second part of the paper case C404/14 Matoušková v. Republic of Czech is presented and difficulties in determining whether the case at issue falls within the scope of Regulation (EC) No 2201/2003 or Regulation No 650/2012 on succession which could occur in matters of succession with cross-border implications are reffered to.

Additional Files

Published

2020-11-16

How to Cite

Poretti, P. (2020). JURISDICTION, COMPETENT JUDICIAL AUTHORITIES AND PROCEEDINGS UNDER REGULATION (EU) NO 650/2012 ON SUCCESSION. Collected Papers of the Law Faculty of the University of Rijeka, 37(1), 561–587. https://doi.org/10.30925/zpfsr.37.1.20

Issue

Vol. 37 No. 1 (2016): Collected papers of the Law Faculty of the University of Rijeka

Section

ARTICLES

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