Book contents
- The EU Succession Regulation
- The EU Succession Regulation
- Copyright page
- Contents
- Contributors
- Foreword and Acknowledgements
- Abbreviations
- Introduction
- Chapter I Scope and Definitions
- Chapter II Jurisdiction
- Article 4 General Jurisdiction
- Article 5 Choice-of-Court Agreement
- Article 6 Declining of Jurisdiction in the Event of a Choice of Law
- Article 7 Jurisdiction in the Event of a Choice of Law
- Article 8 Closing of Own-Motion Proceedings in the Event of a Choice of Law
- Article 9 Jurisdiction Based on Appearance
- Article 10 Subsidiary Jurisdiction
- Article 11 Forum Necessitatis
- Article 12 Limitation of Proceedings
- Article 13 Acceptance or Waiver of the Succession, of a Legacy or of a Reserved Share
- I. Scope of the Provision and Rationale
- II. A Comparative Survey of the Procedures Followed for the Acceptance, Waiver or Limitation of Liability in the Various Legal Systems
- III. The ‘Persons’ Covered by the Provision, the Ascertainment of Their Legal Capacity and the Identification of Their Habitual Residence
- IV. Scope of Application of the Provision: The Need to Distinguish between ‘Declarations’ and ‘Legal Proceedings’
- V. Non-applicability of Article 13 to Declarations Made Prior to the Opening of the Succession
- VI. The Concept of ‘Court’
- VII. Formal Validity of Declarations: The Link between Article 13 and Article 28 ESR
- VIII. Communication of Declarations to the Authority ‘Which Is or Will Be Dealing with the Succession’
- Summary
- Article 14 Seising of a Court
- Article 15 Examination as to Jurisdiction
- Article 16 Examination as to Admissibility
- Article 17 Lis Pendens
- Article 18 Related Actions
- Article 19 Provisional, Including Protective, Measures
- Chapter III Applicable Law
- Chapter IV Recognition, Enforceability and Enforcement of Decisions
- Chapter V Authentic Instruments and Court Settlements
- Chapter VI European Certificate of Succession
- Chapter VII General and Final Provisions
- Bibliography
- Index
Summary
from Article 13 - Acceptance or Waiver of the Succession, of a Legacy or of a Reserved Share
Published online by Cambridge University Press: 10 November 2016
- The EU Succession Regulation
- The EU Succession Regulation
- Copyright page
- Contents
- Contributors
- Foreword and Acknowledgements
- Abbreviations
- Introduction
- Chapter I Scope and Definitions
- Chapter II Jurisdiction
- Article 4 General Jurisdiction
- Article 5 Choice-of-Court Agreement
- Article 6 Declining of Jurisdiction in the Event of a Choice of Law
- Article 7 Jurisdiction in the Event of a Choice of Law
- Article 8 Closing of Own-Motion Proceedings in the Event of a Choice of Law
- Article 9 Jurisdiction Based on Appearance
- Article 10 Subsidiary Jurisdiction
- Article 11 Forum Necessitatis
- Article 12 Limitation of Proceedings
- Article 13 Acceptance or Waiver of the Succession, of a Legacy or of a Reserved Share
- I. Scope of the Provision and Rationale
- II. A Comparative Survey of the Procedures Followed for the Acceptance, Waiver or Limitation of Liability in the Various Legal Systems
- III. The ‘Persons’ Covered by the Provision, the Ascertainment of Their Legal Capacity and the Identification of Their Habitual Residence
- IV. Scope of Application of the Provision: The Need to Distinguish between ‘Declarations’ and ‘Legal Proceedings’
- V. Non-applicability of Article 13 to Declarations Made Prior to the Opening of the Succession
- VI. The Concept of ‘Court’
- VII. Formal Validity of Declarations: The Link between Article 13 and Article 28 ESR
- VIII. Communication of Declarations to the Authority ‘Which Is or Will Be Dealing with the Succession’
- Summary
- Article 14 Seising of a Court
- Article 15 Examination as to Jurisdiction
- Article 16 Examination as to Admissibility
- Article 17 Lis Pendens
- Article 18 Related Actions
- Article 19 Provisional, Including Protective, Measures
- Chapter III Applicable Law
- Chapter IV Recognition, Enforceability and Enforcement of Decisions
- Chapter V Authentic Instruments and Court Settlements
- Chapter VI European Certificate of Succession
- Chapter VII General and Final Provisions
- Bibliography
- Index
Summary
- Type
- Chapter
- Information
- The EU Succession RegulationA Commentary, pp. 221 - 233Publisher: Cambridge University PressPrint publication year: 2016