Declining of jurisdiction in the cross-border successions and its impact on the legal certainty. Commentary to the ECJ resolution of 9 of September of 2021, Rk v. Cr, C-422/20

Keywords: cross-border succession, professio iuris, forum of the nacionality of the deceased, declining of jurisdiction

Abstract

The purpose of this paper is the analysis of the CJEU resolution of September 9, 2021. In it, the CJEU clarifies three aspects related to articles 6 letter a) and 7 letter a) that the European Succes-sion Regulation does not specify. This ruling strengthens the mechanisms for the transfer of jurisdiction that the European Regulation provides in order for its guiding principle to be fulfilled and that is none other than the court that hears about the succession ends up deciding according to its own law.

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Published
2022-03-04
How to Cite
Antón Juárez, I. (2022). Declining of jurisdiction in the cross-border successions and its impact on the legal certainty. Commentary to the ECJ resolution of 9 of September of 2021, Rk v. Cr, C-422/20. CUADERNOS DE DERECHO TRANSNACIONAL, 14(1), 591-599. https://doi.org/10.20318/cdt.2022.6701
Section
Varia