Netherlands, Nijmegen

International Successions in Europe

when 12 August 2019 - 16 August 2019
language English
duration 1 week
credits 2 ECTS
fee EUR 600

In this world nothing can be said to be certain, except death and taxes - Benjamin Franklin.
The course is devoted to private international law with particular focus on successions, as well as introduction to cross-border inheritance taxation

The course International Successions in Europe consists of the detailed overview of the EU Succession Regulation on jurisdiction, applicable law and recognition and enforcement of foreign judgements in succession matters. The EU Succession Regulation will also serve as the background for discussions on Hague Conventions, international succession laws of third states (non-EU), solutions provided for in bilateral agreements, as well as on comparative succession and inheritance tax law.

The outline of the course International Successions in Europe is as follows:
1. Basics of Private International Law
a. Jurisdiction
b. Law applicable
c. Recognition and Enforcement of Foreign Judgements

2. Sources of International Succession Law
a. Domestic Laws
b. International Conventions (Multilateral and Bilateral)
c. EU law (Judicial Cooperation in Civil Matters and Article 81 Treaty on the Functioning of the EU)

3. EU Succession Regulation
a. Scope
i. Temporal
ii. Territorial
iii. Personal
b. General Principles
c. Interaction with International Conventions
i. Conventions between Member States
ii. Conventions with third states

4. Jurisdiction of the courts of the EU Member States in succession matters
a. Deceased with habitual residence in the EU
b. Deceased with habitual residence outside the EU
c. Assets located in the EU
d. Assets located outside the EU

5. Law applicable and its scope
a. Succession matters
i. Law applicable
ii. Scope
b. Admissibility and material validity of dispositions of property upon death
i. Law applicable
ii. Scope
c. Form of the dispositions of property upon death
i. Law applicable
ii. Scope
d. General institutions of private international law
i. Preliminary Question
ii. Qualification
iii. Non-unified laws
iv. Fraude à la loi
v. Renvoi
vi. Adaptation
vii. Mandatory Rules
viii. Public Policy Clause

6. Recognition and enforcement of foreign judgernents and foreign documents in the EU Member States
a. coming from another EU Member State
b. coming from a third state

7. European Certificate of Succession

8. Introduction to inheritance taxation
a. General Principles
b. Double taxation risks
c. Methods of elimination of double taxation

9. Final test

10. Doing research in international succession laws

Course leader

Anna Wysocka-Bar
Lecturer
Jagiellonian University
Krakow, Poland

Ewa Kamarad
Lecturer
Jagiellonian university
Krakow, Poland

Target group

Advanced bachelor, master, PhD and professional. The course is designed for students and professionals, who want to gain knowledge and skills in private international law, with particular focus on succession matters and to acquire basic understanding of cross-border inheritance taxation. Please note that this course might be taken by students, who have already participated in the course Private International Law within the EU, as it deals with international succession law in much more detailed and comprehensive manner. The course might also be treated as a separate module for those with no previous background in private international law, as all the basic concepts will be discussed, however not in general manner, but with particular focus on succession matters.

Course aim

After this course you are able to:
•Understand basic differences in substantive succession laws in the EU Member States and their consequences in cross border succession cases, as well as understand basic problems connected with inheritance taxation.
•Find the adequate rule on jurisdiction and predict which court (or another authority) will be competent to liquidate the estate.
•Find the adequate rule and predict which law will govern a particular succession case.
•Determine whether the judgement issued in one of the EU Member States will be recognized and enforced abroad and whether the judgement issued abroad will be recognized and enforced in the EU Member State.

Fee info

EUR 600: Normal fee

Scholarships

€ 540 early bird discount – deadline 1 March 2019 (10%)
€ 510 partner + RU discount (15%)
€ 450 early bird + partner + RU discount (25%)

Register for this course
on course website