What is it about?
Comment to Article 11 - Forum necessitatis, of Regulation (EU) No. 650/2012, on jurisdiction, applicable law, recognition and enforcement of decisions and authentic acts in matters of succession, and on the establishment of a European Certificate of Successions.
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Why is it important?
The work, alongside other comments by the same autor to articles 5-12 and 14-18 of Regulation (EU) No. 650/2012 in matters of succession, provides guidance on the application of this exceptional ground of jurisdiction in succession disputes, clarifying the situations in which it may be relied upon and its function within the system of allocation of jurisdiction in succession matters under the Regulation.
Perspectives
Forum necessitatis is an institution intended to guarantee an effective access to justice in those cases where it would not be available before the courts of competent jurisdiction. Initially contemplated under the legislation of some European countries, it has made its way in more recent EU legislation in the field of judicial cooperation in civil matters, alongside with a trend to provide a comprehensive system of jurisdiction rules established on the European level, leaving no residual role to national rules of jurisdiction in matters covered by EU legislation.
Prof. Fabrizio F Marongiu Buonaiuti
Universita degli Studi di Macerata
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This page is a summary of: Forum necessitatis, Cambridge University Press,
DOI: 10.1017/cbo9781316422311.013.
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