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Habitual Residence as a Single Connecting Factor under the Succession Regulation

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DRLIČKOVÁ Klára ROHOVÁ Iveta

Druh Článek ve sborníku
Konference Scientific Cooperations Workshops on Social Sciences
Fakulta / Pracoviště MU

Právnická fakulta

Citace
Obor Právní vědy
Klíčová slova Cross-border succession; Succession Regulation; habitual residence; autonomous interpretation
Popis This paper focuses on the notion of habitual residence as a general connecting factor for determining both jurisdiction and the applicable law under the Succession Regulation. First, the scope and the objectives of the Regulation providing uniform rules for jurisdiction, applicable law, recognition and enforcement of judgements and of authentic instruments are briefly introduced. The core of the paper consists in analysis of the notion of habitual residence in terms of cross-border succession matters. It aims to evaluate advantages and disadvantages of use of this criterion as a connecting factor and to assess its suitability and the ability to meet the ambitious goals of the Regulation, in particular to considerably simplify the settlement of cross-border successions within the EU and to provide for legal certainty both of the deceased and of the heirs.
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