What is it about?
This paper is a comment to Article 15 of Regulation (EU) No. 650/2012, concerning jurisdiction, applicable law, the recognition and enforcement of foreign judgments and authentic acts in matters of succession (the European Succession Regulation). The rule poses a duty on Member State courts seized of a dispute in succession matters in respect of which they have no jurisdiction to decline jurisdiction ex officio, that is, of their own motion.
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Why is it important?
This comment to the article highlights the analogies with similar provisions contained in other EU Regulations adopted in the field of judicial cooperation in civil matters, which are equally inspired to the principle of the mandatory nature of the allocation of jurisdiction under the instruments adopted by the EU in the field concerned, as conducive to legal certainty and foreseeability as concerns jurisdiction. It also explores the issues of coordination arising with other provisions contained in the European Succession Regulation governing the declining of jurisdiction in special circumstances.
Perspectives
It remains arguable whether it would have been more appropriate for Article 15 of the European Succession Regulation to deal expressly with its coordination with other rules contained in the Regulation concerning declining of jurisdiciton in special circumstances.
Prof. Fabrizio F Marongiu Buonaiuti
Universita degli Studi di Macerata
Read the Original
This page is a summary of: Examination as to Jurisdiction, Cambridge University Press,
DOI: 10.1017/cbo9781316422311.017.
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