The article contains an overview of the rules relating to the scope of application of the EU private international law regulations. It addresses the treatment of the relevant preliminary questions, with special reference to the Succession Regulation. The issues are discussed in three steps. The first is connected with the way of interpreting the notions and concepts, such as marriage, adoption, legal capacity etc., where such matters as personal status, legal capacity or family relationship may come to the foreground as a preliminary question. The second is dealing with the law applicable to the preliminary question. The author compares pros and cons of the “independent reference” (lex fori) and the “dependent reference” (lex causae) solutions, considering the latter as less effective, producing more negative consequences. The third step embraces questions relating to the jurisdiction with respect to preliminary question.

The Capacity and the Quality of Heir. Possible Interaction with Preliminary Questions / S. Bariatti. - In: PROBLEMY PRAWA PRYWATNEGO MIEDZYNARODOWEGO. - ISSN 2353-9852. - 26:(2020), pp. 57-70. ((Intervento presentato al convegno Application of the Succession Regulation in the EU Member States tenutosi a Katowice nel 2019 [10.31261/pppm.2020.26.06].

The Capacity and the Quality of Heir. Possible Interaction with Preliminary Questions

S. Bariatti
2020

Abstract

The article contains an overview of the rules relating to the scope of application of the EU private international law regulations. It addresses the treatment of the relevant preliminary questions, with special reference to the Succession Regulation. The issues are discussed in three steps. The first is connected with the way of interpreting the notions and concepts, such as marriage, adoption, legal capacity etc., where such matters as personal status, legal capacity or family relationship may come to the foreground as a preliminary question. The second is dealing with the law applicable to the preliminary question. The author compares pros and cons of the “independent reference” (lex fori) and the “dependent reference” (lex causae) solutions, considering the latter as less effective, producing more negative consequences. The third step embraces questions relating to the jurisdiction with respect to preliminary question.
private international law; EU Succession Regulation; capacity of heir ; legal capacity; preliminary questions; personal status; family relationships;
Settore IUS/13 - Diritto Internazionale
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2434/904088
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