OGRANIČENjE PREDMETA POSTUPKA ZA RASPRAVLjANjE ZAOSTAVŠTINE PRED SUDOM DRŽAVE ČLANICE - PRIMENA ČL. 12 EU UREDBE O NASLEĐIVANjU

Abstract

In the following paper we are dealing with certain application aspects regarding the article 12 of 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. The author’s primary concern is to analyze the justification of its constitution in principle, and then to deal with certain issues regarding the possibility of its effective application. Particular attention is paid to interpreting the conditions underlying the application of the article 12, whose abstract formulation can, in certain aspects, represent a problem for the the member state courts upon their decision not to administrate assets of the estate located in a third country. Moreover, there will be a word as regards to the influence that limitation of proceedings before member state courts has on realization of the principle of unity of succession established by the Succession Regulation, which will be followed by hypothetical example and a suggestion of a possible solution concerning scission of succession, one that would not disrupt the coordination with the third country legal orders.