The  aim  of  the  article  is  to  present  the  impact  of  EU  Regulation  no.  650/2012  on determination of jurisdiction in succession matters. The paper presents the distinction between Polish and European system of admitting jurisdiction and its consequence

Lewandowska-Mroczkowska, Marta

Mykolas Romeris University Institutional Repository

Jurisdiction in the Succession Matters under the Regulation (EU) NO 650/2012 of the European Parliament and of the Council of 4 july 2012 in the Face of Polish International Civil Procedure

Purpose–The  aim  of  the  article  is  to  present  the  impact  of  EU  Regulation  no.  650/2012  on determination of jurisdiction in succession matters. The paper presents the distinction between Polish and European system of admitting jurisdiction and its consequence.   Design/methodology/approach–Paper is based on the legal-comparative and legal-historical methods  of  law  research.  The  chosen  methods  provide  a  complete  picture  of  the  situation,  which should be consider from the Member States perspective as well as from EU ones.Finding–Todays  reality  encourage  people  to  travel  or  move  to  another  country  and  the European Union Treaty treats freedom of movement as one of the protected rights. Over the time, this possibility has evolved into a difficulty. Lack of unified succession procedure meant that each Member States  has  its  own  regulation  regarding  to  the  succession.  As  an  outcome  of  above,  foreign  people, especially  successors  met  a  great  difficulty  to  obtain  their  inheritance.  Hence,  the  unification  of procedure,  which  took  place  in  2012,  facilitates  it,  but  it  also  brought  new  practical  problems  and questions, which are resulted using the state law.Research  limitations/implications–For  the  purpose  of  this  paper,  the  core  of  research  has been  limited  to  the  issue  of  jurisdiction  in  Regulation  (EU)  no  650/2012  and  its  juxtaposition  with jurisdiction  in  matters  succession  in  polish  civil  procedure  code  and  Regulation  (EU)  1215/2015  on jurisdiction  and  the  recognition  and  enforcement  of  judgments  in  civil  and  commercial  matters.  For the  purpose  of  this  speech,  the  issues  regarding  to  recognition  and  enforcement  of  judgments  on  the territory of European Union have not been included. Practical implications–Establishing the proper jurisdiction in matters of succession will help successors in resolving those cases in more efficiently and effectively way. Additionally, this issue will provide more stable principles of inheritance in cases with a foreign element. Originality/Value–The issue  of  European  successor  law  is  not  popular  agenda  and  the  problems  concerning  the  jurisdiction for cases  is  extremally  invisible  for  the  doctrine. In  the  light of  the foregoing  the is a  needto  develop this aspect of law and introduced them to the wider public

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