What is it about?
This paper is a comment to Article 10 of Regulation (EU) No. 650/2012, providing the rules of subsidiary jurisdiction under the Regulation. These rules may be resorted to in order to found the jurisdiction of a Member State court in respect of a succession, where the last habitual residence of the deceased was not located in a Member State.
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Why is it important?
The different rules contained in the provision under comment are analyzed thoroughly, pointing first to those rules which enable to establish jurisdiction in respect of the entire succession, and then to those rules allowing the establishment of jurisdiction limited to assets located within the Member State of the seized court. The underlying policy issues are extensively discussed, from the exhaustive nature of the jurisdiciont rules under the Succession Regulation, to the importance of preserving unity and, accordingly, prevent fragmentation of the succession,
Perspectives
The solution adopted under the European Succession Regulation, consisting of providing an exhaustive set of jurisdiction rules, complemented by autonomous subsidiary rules and by a rule on forum necessitatis, appears commendable, since it ensures a more thorough pursuit of uniformity concerning allocation of jurisdiction, without leaving any residual scope for the application of national jurisdiction rules.
Prof. Fabrizio F Marongiu Buonaiuti
Universita degli Studi di Macerata
Read the Original
This page is a summary of: Subsidiary Jurisdiction, Cambridge University Press,
DOI: 10.1017/cbo9781316422311.012.
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