The Capacity and the Quality of Heir. Possible Interaction with Preliminary Questions

The article contains an overview of the rules relating to the scope of application of the EU private international law regulations. It addresses the treatment of the relevant preliminary questions, with special reference to the Succession Regulation. The issues are discussed in three steps. The first is connected with the way of interpreting the notions and concepts, such as marriage, adoption, legal capacity etc., where such matters as personal status, legal capacity or family relationship may come to the foreground as a preliminary question. The second is dealing with the law applicable to the preliminary question. The author compares pros and cons of the “independent reference” (lex fori) and the “dependent reference” (lex causae) solutions, considering the latter as less effective, producing more negative consequences. The third step embraces questions relating to the jurisdiction with respect to preliminary question

Punitive damages: Foundations to start with

In the European punitive damages debate there is both strong interest in and strong resistance to the sanction. This chapterexplores the question whether the sanction has a future in continental Europe. The topic will be dealt with from different angles: American punitive damages law, objections that are intrinsic to continental European legal traditions, causes for the increased interest in the sanction, and the status quo of punitive damages rejection in view of the position of three European institutions. Recommendations will be provided that should help to get the theory right and to overcome difficulties relating to the introduction of punitive damages. The popular punitive damages categories in American law are the categories in which the sanction could especially play a role in continental Europe. This is in line with the calls for powerful civil sanctions to improve private enforcement and deal with intentional, calculative and grave misconduct