Book contents
- Frontmatter
- Foreword
- Contents
- List of Treaties and Conventions
- List of Abbreviations
- List of Contributors
- Introduction
- Questionnaire
- PART I THE PERSPECTIVE OF EU MEMBER STATES
- Austria
- Belgium
- Croatia
- Czech Republic
- Finland and Sweden
- France
- Germany
- Italy
- PART II THE PERSPECTIVE OF THIRD STATES
- PART III THE PERSPECTIVE OF THE EUROPEAN UNION AND A COMPARATIVE OUTLOOK
- Annex
- Index
- About the Editors
Austria
from PART I - THE PERSPECTIVE OF EU MEMBER STATES
Published online by Cambridge University Press: 12 November 2019
- Frontmatter
- Foreword
- Contents
- List of Treaties and Conventions
- List of Abbreviations
- List of Contributors
- Introduction
- Questionnaire
- PART I THE PERSPECTIVE OF EU MEMBER STATES
- Austria
- Belgium
- Croatia
- Czech Republic
- Finland and Sweden
- France
- Germany
- Italy
- PART II THE PERSPECTIVE OF THIRD STATES
- PART III THE PERSPECTIVE OF THE EUROPEAN UNION AND A COMPARATIVE OUTLOOK
- Annex
- Index
- About the Editors
Summary
INTRODUCTION
Austria is bound by the Hague Convention of 5 October 1961 on the Conf icts of Laws Relating to the Form of Testamentary Dispositions and is party to several treaties regarding matters of succession such as legal assistance, consular rights, applicable law, jurisdiction and mutual recognition and enforcement of decisions. Treaties with Member States remain applicable to the extent that they concern matters that do not fall under the scope of the European Succession Regulation (Article 75(2)), e.g. obligations of notification and consular rights of participation. Treaties with third States (within the meaning of the Succession Regulation), on the other hand, take precedence over the Succession Regulation, as is provided by Article 75(1) SR. However, to the extent that treaties with third States covers matters which do not relate to the subjects of the Succession Regulation, e.g. the recognition and enforcement of decisions given in third States, there is no conflict in application triggering the provisions of Article 75(1) SR.
OVERVIEW
The following treaties between Austria and third States take precedence over the Succession Regulation:
– the Agreement between the Republic of Austria and the Federal People's Republic of Yugoslavia on Mutual Legal Assistance Including the Final Protocol (Treaty 3);
– the Treaty on Consular Relations between the Republic of Austria and the Union of Soviet Socialist Republics (Treaty 2); and
– the Treaty of Friendship and Establishment between the Republic of Austria and the Persian Empire (Treaty 1).
The Treaty with the Union of Soviet Socialist Republics and the Treaty with Yugoslavia take precedence over the provisions of the Succession Regulation on international jurisdiction and conflict of laws. The Treaty with Iran takes precedence only over the provisions on conflict of laws. Following the disintegration of Yugoslavia, the Treaty continues to apply to its successor States, namely Bosnia and Herzegovina, Croatia, Kosovo, North Macedonia (henceforth: ‘Macedonia’), Montenegro, Serbia and Slovenia. Since Croatia and Slovenia have become EU Member States, the Succession Regulation takes precedence over the Treaty. The Treaty with the Soviet Union on the other hand continues to apply only to Russia and not to any other successor States of the Union of Soviet Socialist Republics.
- Type
- Chapter
- Information
- European Private International Law and Member State Treaties with Third StatesThe Case of the European Succession Regulation, pp. 11 - 38Publisher: IntersentiaPrint publication year: 2019