The EU succession regulation : a commentary / edited by Alfonso-Luis Calvo Caravaca (Universidad Carlos III de Madrid), Angelo Davì (Università di Roma "La Sapienza"), Heinz-Peter Mansel, (Universität zu Köln).
2016
KJE1444.32012 .E93 2016 (Map It)
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Title
The EU succession regulation : a commentary / edited by Alfonso-Luis Calvo Caravaca (Universidad Carlos III de Madrid), Angelo Davì (Università di Roma "La Sapienza"), Heinz-Peter Mansel, (Universität zu Köln).
Published
Cambridge, United Kingdom : Cambridge University Press, 2016.
Copyright
©2016
Call Number
KJE1444.32012 .E93 2016
ISBN
9781107127302
1107127300
1107127300
Description
xvii, 916 pages ; 24 cm
System Control No.
(OCoLC)951563360
Summary
The European Succession Regulation is a landmark in the field of EU private international law. It unifies the conflicts of laws, jurisdiction and recognition of foreign judgments and some other legal instruments in the field of succession and wills. This volume provides an article-by-article commentary on the individual provisions of the Regulation, introduced by an overview of its general framework and underlying principles. As a reference tool for the Regulation, this book is intended to promote a high standard of interpretation and application. With contributions from leading scholars in the field, it uses a comparative approach in its analysis to enrich the academic debate and highlight the problems likely to arise in the practical application of the Regulation.
Note
"This publication is co-funded by the Civil Justice Programme of the European Union."
"The book has its origin in the European Commission Research Project "The Europeanization of Private International Law of Successions" (JUST/2013/JCIV/AG/4000004710) led by Angelo Davi."
"The book has its origin in the European Commission Research Project "The Europeanization of Private International Law of Successions" (JUST/2013/JCIV/AG/4000004710) led by Angelo Davi."
Bibliography, etc. Note
Includes bibliographical references (pages 867-902) and index.
Record Appears in
Table of Contents
List of Contributors
x
Foreword and Acknowledgements
xiii
List of Abbreviations
xv
Introduction
1
ch. I
Scope and Definitions
71
Article 1
Scope
73
Article 2
Competence in Matters of Succession within the Member States
112
Article 3
Definitions
114
ch. II
Jurisdiction
125
Article 4
General Jurisdiction
127
Article 5
Choice-of-Court Agreement
149
Article 6
Declining of Jurisdiction in the Event of a Choice of Law
162
Article 7
Jurisdiction in the Event of a Choice of Law
171
Article 8
Closing of Own-Motion Proceedings in the Event of a Choice of Law
177
Article 9
Jurisdiction Based on Appearance
182
Article 10
Subsidiary Jurisdiction
186
Article 11
Forum necessitatis
199
Article 12
Limitation of Proceedings
209
Article 13
Acceptance or Waiver of the Succession, of a Legacy or of a Reserved Share
221
Article 14
Seising of a Court
234
Article 15
Examination as to Jurisdiction
240
Article 16
Examination as to Admissibility
245
Article 17
Lis pendens
251
Article 18
Related Actions
268
Article 19
Provisional, Including Protective, Measures
280
ch. III
Applicable Law
289
Article 20
Universal Application
291
Article 21
General Rule
298
Article 22
Choice of Law
323
Article 23
Scope of the Applicable Law
351
Article 24
Dispositions of Property upon Death Other Than Agreements as to Succession
369
Article 25
Agreements as to Succession
380
Article 26
Substantive Validity of Dispositions of Property upon Death
394
Article 27
Formal Validity of Dispositions of Property upon Death Made in Writing
402
Article 28
Validity as to Form of a Declaration Concerning Acceptance or Waiver
412
Article 29
Special Rules on the Appointment and Powers of an Administrator of the Estate in Certain Situations
417
Article 30
Special Rules Imposing Restrictions Concerning or Affecting the Succession in Respect of Certain Assets
430
Article 31
Adaptation of Rights in rem
442
Article 32
Commorientes
452
Article 33
Estate without a Claimant
458
Article 34
Renvoi
469
Article 35
Public Policy (ordre public)
505
Articles States with More Than One Legal System: Territorial 36--37--38 Conflicts of Laws; States with More Than One Legal System: Inter-personal Conflicts of Laws; Non-application of This Regulation to Internal Conflicts of Laws
519
ch. IV
Recognition, Enforceability and Enforcement of Decisions
531
Article 39
Recognition
533
Articles 40--41
Grounds of Non-recognition; No Review as to the Substance
542
Article 42
Staying of Recognition Proceedings
561
Article 43
Enforceability
567
Articles 44--45
Determination of Domicile; Jurisdiction of Local Courts
574
Articles Procedure; Non-production of the Attestation; 46--47--48--49 Declaration of Enforceability; Notice of the Decision on the Application for a Declaration of Enforceability
578
Article 50
Appeal against the Decision on the Application for a Declaration of Enforceability
591
Articles 51--52
Procedure to Contest the Decision Given on Appeal; Refusal or Revocation of a Declaration of Enforceability
598
Article 53
Staying of Proceedings
604
Article 54
Provisional, Including Protective, Measures
608
Article 55
Partial Enforceability
612
Articles Legal Aid; No Security, Bond or Deposit; No charge, 56--57--58 Duty or Fee
615
ch. V
Authentic Instruments and Court Settlements
623
Article 59
Acceptance of Authentic Instruments
625
Article 60
Enforceability of Authentic Instruments
664
Article 61
Enforceability of Court Settlements
667
ch. VI
European Certificate of Succession
671
Article 62
Creation of a European Certificate of Succession
673
Article 63
Purpose of the Certificate
686
Article 64
Competence to Issue the Certificate
699
Article 65
Application for a Certificate
711
Article 66
Examination of the Application
723
Article 67
Issue of the Certificate
734
Article 68
Contents of the Certificate
744
Article 69
Effects of the Certificate
769
Article 70
Certified Copies of the Certificate
795
Article 71
Rectification, Modification or Withdrawal of the Certificate
805
Article 72
Redress Procedures
812
Article 73
Suspension of the Effects of the Certificate
819
ch. VII
General and Final Provisions
827
Article 74
Legalisation and Other Similar Formalities
829
Article 75
Relationship with Existing International Conventions
831
Article 76
Relationship with Council Regulation (EC) 1346/2000
836
Articles Information Made Available to the Public; Information 77--78--79 on Contact Details and Procedures; Establishment and Subsequent Amendment of the List Containing the Information Referred to in Article 3(2)
840
Articles Establishment and Subsequent Amendment of the 80--81--82 Attestations and Forms Referred to in Articles 46, 59, 60, 61, 65 and 67; Committee Procedure; Review
847
Article 83
Transitional Provisions
852
Article 84
Entry into Force
864
Bibliography
867
Index
903