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
- I. The Rationale for the Rule under Article 12.1 and Its Precedents
- II. Location of Assets Belonging to the Estate of the Deceased in a Third Country
- III. Necessity of Having the Judgment Delivered by a Member State Court Recognised or Enforced in a Third Country
- IV. Circumstances in Which the Court Seised Must Substantiate Its Views as to the Likelihood of a Denial of Recognition or Enforcement in the Third Country Concerned and Further Grounds for the Exercise of Discretion
- V. The Right of the Parties Themselves to Limit the Scope of the Proceedings under the lex fori, Pursuant to Article 12.2
- Summary
- Article 13 Acceptance or Waiver of the Succession, of a Legacy or of a Reserved Share
- 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 12 - Limitation of Proceedings
Published online by Cambridge University Press: 10 November 2016
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
- I. The Rationale for the Rule under Article 12.1 and Its Precedents
- II. Location of Assets Belonging to the Estate of the Deceased in a Third Country
- III. Necessity of Having the Judgment Delivered by a Member State Court Recognised or Enforced in a Third Country
- IV. Circumstances in Which the Court Seised Must Substantiate Its Views as to the Likelihood of a Denial of Recognition or Enforcement in the Third Country Concerned and Further Grounds for the Exercise of Discretion
- V. The Right of the Parties Themselves to Limit the Scope of the Proceedings under the lex fori, Pursuant to Article 12.2
- Summary
- Article 13 Acceptance or Waiver of the Succession, of a Legacy or of a Reserved Share
- 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
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- The EU Succession RegulationA Commentary, pp. 209 - 220Publisher: Cambridge University PressPrint publication year: 2016
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