| Abstract [eng] |
The Master's thesis analyses the issues of the determination of jurisdiction and the applicable law rules of the Inheritance Regulation no. 650/2012 by examining both the relevant provisions of the regulation, the conclusions of legal scholars in doctrine, and the interpretations provided by the Court of Justice of the European Union and the case law of national courts. The first part of this paper seeks to set out the aims of the Inheritance Regulation and the scope of its application. A detailed analysis of the provisions of the Court of Justice of the European Union and of the Regulation reveals the criteria which lead to the application of the rules of general jurisdiction, choice of law jurisdiction and subsidiary jurisdiction, as discussed in the second part of the Master's thesis, and addresses the problematic aspects of those rules and of certain definitions. It is argued that a broader interpretation of the concept of the exercise of judicial functions in the context of the Inheritance Regulation would enable non-judicial authorities, such as notaries, to apply the rules of jurisdiction of the Regulation, thus ensuring the effective application and uniform interpretation of this legislation across the EU. The third part of the Master's thesis focuses on the analysis of the problematic aspects of the abstention clause and on the relationship of the professio iuris with the right to the reserved portion of the estate and public policy, with examples of the case law of the Member States of the European Union. The analysis raises doubts as to the usefulness of the inclusion of the escape clause in the Regulation as an institute promoting legal uncertainty in the area of succession, and the validity of limiting the professio iuris to the law of the State of nationality of the deceased. The analysis of the hypothetical situations presented above reveals the shortcomings of the rules of the Inheritance Regulation on the choice of the law applicable to the succession in the case of a deceased who has several nationalities. |
