14 August 2021
EU International Succession Law
The course EU International Succession Law consists of the detailed overview of the EU Succession Regulation on jurisdiction, applicable law and recognition and enforcement of foreign judgments 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 EU International Succession Law is as follows:
1. Basics of Private International Law
b. Law applicable
c. Recognition and Enforcement of Foreign Judgments
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
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
b. Admissibility and material validity of dispositions of property upon death
i. Law applicable
c. Form of the dispositions of property upon death
i. Law applicable
d. General institutions of private international law
i. Preliminary Question
iii. Non-unified laws
iv. Fraude à la loi
vii. Mandatory Rules
viii. Public Policy Clause
6. Recognition and enforcement of foreign judgements 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
Modes of course delivery are the following:
• Mini-case studies (finding solution to the legal problem based on the description of the factual pattern)
• Case studies (finding solution to the legal problem, which requires the analysis of source documents)
•Short presentations by participants (5-10 minutes) on the assigned topic using materials delivered by the course leader
• Independent study (additional readings assigned by the course leader for interested participants).
Dr. Anna Wysocka-Bar, Private International Law Department
Faculty of Law and Administration, Jagiellonian University, Poland
Dr. Ewa Kamarad, Faculty of International and Political Studies
Institute of European Studies, Jagiellonian University, Pola
• Advanced Bachelor
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.
After this course you are able to:
1. 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.
2. Find the adequate rule on jurisdiction and predict which court (or another authority) will be competent to liquidate the estate.
3. Find the adequate rule and predict which law will govern a particular succession case.
4. 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.
EUR 0: Fee and date will be announced in the fall. Registration opens December 1st 2020. The fee includes the registration fees, course materials, access to library and IT facilities, coffee/tea, lunch, and a number of social activities.