The E.E. Decision Sheds Light on Notaries Acting as 'Courts' and on a Few Other Notions Within the Context of the Succession Regulation
| Autor: | Agne Limante |
|---|---|
| Jazyk: | English<br />Spanish; Castilian<br />French<br />Italian |
| Rok vydání: | 2021 |
| Předmět: |
succession regulation
habitual residence jurisdictional competence choice of law Law Law of Europe KJ-KKZ |
| Zdroj: | European Papers, Vol 2021 6, Iss 1, Pp 45-55 (2021) |
| Druh dokumentu: | article |
| ISSN: | 2499-8249 24182524 |
| DOI: | 10.15166/2499-8249/450 |
| Popis: | (Series Information) European Papers - A Journal on Law and Integration, 2021 6(1), 45-55 | European Forum Insight of 29 March 2021 | (Table of Contents) I. Preliminary remarks. - II. The facts of the case and the reference for a preliminary ruling. - III. Main points of the CJEU judgment. - III.1. Succession having cross-border implications. - III.2. Habitual residence: "no, you cannot have two!". - III.3. Definition of the term "court": focus on notaries and their functions. - III.4. Consequences of classifying the authority as "not court" under art. 3(2) of the Succession Regulation. - III.5. Choice of law and choice of forum. - IV. Case back in Lithuania. - V. Concluding remarks. | (Abstract) The preliminary questions of the Supreme Court of Lithuania in case E.E. (C-80/19) presented a unique opportunity to provide a more detailed and comprehensive interpretation of several provisions of the Succession Regulation. Responding to them, in its judgment of 16 July 2020 the CJEU discussed the understanding of the cross-border nature of the succession case, the concept of habitual residence, the notion of court and the status of notaries in this regard, the scope of jurisdictional rules, authentic instruments and, finally, the choice of court and applicable law. While some of the issues were already covered in the earlier case-law, this judgment brings more structure and clarity to the interpretation of the Succession Regulation, particularly with regard to the habitual residence of the deceased, status of notaries and their duties when issuing national succession certificates. This Insight gives a brief account of the legal and factual background of the case, discusses the main points of the CJEU judgment and follows the case back to the national level. |
| Databáze: | Directory of Open Access Journals |
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