European certificate of succession and the transcription of ownership to an inherited immovable
This paper deals with a subject matter systematically belonging to international succession law. It tackles theoretical and practical problems which arise while utilizing the European Certificate of Succession (ECS) issued by German courts in order to transcribe ownership to inherited immovables in the registries of some EU Member States. The paper endeavours to contribute to the contemporary legal scholarship in several ways. One the one hand, it demonstrates how Czechia, Austria and Slovakia handle an issue induced by ECS’s of German provenance. While the minutiae of this issue vary, it remains identical in nature. For this reason, a side-by-side comparison of the approaches in the mentioned Member States might provide clues for the ultimate resolution of the problem. The main goal, however, is to present our own solution of the abstracted difficulties. Finally, we discuss the possibilities of a Slovak judge to refer a question regarding the analysed legal problem for a preliminary ruling to the Court of Justice of the European Union.
Právník, redakce, Ústav státu a práva AV ČR, v.v.i., Národní 18, 116 00 Praha 1, Czech Republic
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