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International law of succession focusing on European regulation
Chybová, Lucie ; Pfeiffer, Magdalena (advisor) ; Brodec, Jan (referee)
International succession law with emphasis on European legislation Abstract This thesis deals with legislation on cross-border succession with emphasis on 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 (Succession Regulation). Firstly the thesis delimits the subject of international succession law and describes its legislative methods. Furthermore the thesis in closer detail deals with sources of international succession law and their mutual relationships, particularly the relationship between bilateral international treaties and the Succession Regulation. Consequently the diploma thesis define lex hereditatis (law applicable to succession) and borderline determinants typical for international succession law, namely a nationality, a last habitual residence and a location of immovable property. A core of this thesis is composed of chapters handling conflict of laws norms according to the Succession Regulation which determine an applicable law to succession and international private law institutes related to it which influence lex hereditatis, such as order...
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International law of succession focusing on European regulation
Káplová, Eva ; Pfeiffer, Magdalena (advisor) ; Pauknerová, Monika (referee)
International law of succession focusing on European regulation The aim of my thesis is the international Law of Succession with emphasis on the European Regulation 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 on Succession. The regulation of succession will apply to succession proceedings with an international element concerning those who died after 17 August 2015. The purpose of the regulation is to simplify and expedite such proceedings within the European Union. In principle, the ruling on the entire estate of the testator should be decided in the course of a single succession proceeding in order to avoid conflicts in court judgments that could occur if the procedure was split into different countries. Furthermore, the diploma thesis deals with the concept of border determinant in international law, where habitual residence becomes increasingly important, while other borderline determinants such as domicile or nationality already lose their importance. I also explain the term 'estate planning' in my paper, i.e. the arrangement of inheritance conditions of the future...
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Inheritance under Regulation No. 650/2012 of the European Parliament and the Council
Průšová, Terezie ; Růžička, Květoslav (advisor) ; Pfeiffer, Magdalena (referee)
This thesis deals with the 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 (regulation on succession). This regulation will be applicable in the matters of successions with cross-border implications of people who will decease on 17 August 2015 or later. Regulation on succession unifies legislation in matters of succession with cross-border implications, both in terms of substantive law and procedural law. This regulation has been expected for a long time in the European Union because the succession matters were expressly excluded from the scope of other regulations. Also thanks to the free movement of persons, the unification of this area of law is becoming more necessary from day to day. The preparation of this regulation and the connected discussions lasted several years. Not only for the numerous differences between the national rules of the Member States but also for the intention to create a complete unification of the substantive law, the succession proceedings itself and of the recognition, enforceability and enforcement of decisions. In...
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