CROSS-BORDER SUCCESSION ISSUES AND THE ATTEMPTS OF SERBIAN LEGISLATION TO BE HARMONIZED WITH THE EUROPEAN LEGISLATION ON SUCCESSION MATTERS

The study deals with the importance of harmonization processes related to the succession rules in the European Union. During the examination of the harmonization processes, a particular attention has been paid to migration, which nowadays has a deep impact on inheritance cases. In this regard the s...

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Autor principal:	Laura De Negri
Formato:	article
Lenguaje:	EN
Publicado:	University Business Academy in Novi Sad Faculty of Law for Commerce and Judiciary 2021
Materias:	the European Succession Regulation harmonization, mobility citizenship habitual residence applicable law jurisdiction Criminal law and procedure K5000-5582 Civil law K623-968 Commercial law K1000-1395
Acceso en línea:	https://doaj.org/article/a36cfe02e76645329da110dfa2d99a39
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spelling	oai:doaj.org-article:a36cfe02e76645329da110dfa2d99a392021-11-10T20:43:40ZCROSS-BORDER SUCCESSION ISSUES AND THE ATTEMPTS OF SERBIAN LEGISLATION TO BE HARMONIZED WITH THE EUROPEAN LEGISLATION ON SUCCESSION MATTERS10.5937/ptp2103001D0352-37132683-5711https://doaj.org/article/a36cfe02e76645329da110dfa2d99a392021-11-01T00:00:00Zhttps://casopis.pravni-fakultet.edu.rs/index.php/ltp/article/view/576https://doaj.org/toc/0352-3713https://doaj.org/toc/2683-5711 The study deals with the importance of harmonization processes related to the succession rules in the European Union. During the examination of the harmonization processes, a particular attention has been paid to migration, which nowadays has a deep impact on inheritance cases. In this regard the study demonstrates how the judicial cooperation is being realized in the European Union when it comes to succession-related issues. Among these, the study examines the current norms of the Serbian Act on private international law, which, from some aspects, has an obsolete system considering the conﬂict of laws rules in matters of succession with an international element. Namely, these rules are not harmonized with those of the European Succession Regulation, which means that the Serbian IPL system does not currently follow the European trends in legislation. Furthermore, it does not take into consideration certain current phenomena, especially the international migration and globalization. At the same time, Serbia is working hard to achieve a certain level of legal harmonization with the EU legislation. One proof of the harmonization attempts is the draft of the new PIL act of Serbia. The new concept of the conﬂict of laws rules and the new systemic approach of connecting factors is nearly completely identical with that of European legislative trends, especially regarding the scope of succession. If the draft act comes into force, it will mean, beyond any doubt, a giant leap for the country towards the European Union. Laura De NegriUniversity Business Academy in Novi Sad Faculty of Law for Commerce and Judiciaryarticlethe European Succession Regulationharmonization, mobilitycitizenshiphabitual residenceapplicable lawjurisdictionCriminal law and procedureK5000-5582Civil lawK623-968Commercial lawK1000-1395ENPravo, Vol 38, Iss 3 (2021)
institution	DOAJ
collection	DOAJ
language	EN
topic	the European Succession Regulation harmonization, mobility citizenship habitual residence applicable law jurisdiction Criminal law and procedure K5000-5582 Civil law K623-968 Commercial law K1000-1395
spellingShingle	the European Succession Regulation harmonization, mobility citizenship habitual residence applicable law jurisdiction Criminal law and procedure K5000-5582 Civil law K623-968 Commercial law K1000-1395 Laura De Negri CROSS-BORDER SUCCESSION ISSUES AND THE ATTEMPTS OF SERBIAN LEGISLATION TO BE HARMONIZED WITH THE EUROPEAN LEGISLATION ON SUCCESSION MATTERS
description	The study deals with the importance of harmonization processes related to the succession rules in the European Union. During the examination of the harmonization processes, a particular attention has been paid to migration, which nowadays has a deep impact on inheritance cases. In this regard the study demonstrates how the judicial cooperation is being realized in the European Union when it comes to succession-related issues. Among these, the study examines the current norms of the Serbian Act on private international law, which, from some aspects, has an obsolete system considering the conﬂict of laws rules in matters of succession with an international element. Namely, these rules are not harmonized with those of the European Succession Regulation, which means that the Serbian IPL system does not currently follow the European trends in legislation. Furthermore, it does not take into consideration certain current phenomena, especially the international migration and globalization. At the same time, Serbia is working hard to achieve a certain level of legal harmonization with the EU legislation. One proof of the harmonization attempts is the draft of the new PIL act of Serbia. The new concept of the conﬂict of laws rules and the new systemic approach of connecting factors is nearly completely identical with that of European legislative trends, especially regarding the scope of succession. If the draft act comes into force, it will mean, beyond any doubt, a giant leap for the country towards the European Union.
format	article
author	Laura De Negri
author_facet	Laura De Negri
author_sort	Laura De Negri
title	CROSS-BORDER SUCCESSION ISSUES AND THE ATTEMPTS OF SERBIAN LEGISLATION TO BE HARMONIZED WITH THE EUROPEAN LEGISLATION ON SUCCESSION MATTERS
title_short	CROSS-BORDER SUCCESSION ISSUES AND THE ATTEMPTS OF SERBIAN LEGISLATION TO BE HARMONIZED WITH THE EUROPEAN LEGISLATION ON SUCCESSION MATTERS
title_full	CROSS-BORDER SUCCESSION ISSUES AND THE ATTEMPTS OF SERBIAN LEGISLATION TO BE HARMONIZED WITH THE EUROPEAN LEGISLATION ON SUCCESSION MATTERS
title_fullStr	CROSS-BORDER SUCCESSION ISSUES AND THE ATTEMPTS OF SERBIAN LEGISLATION TO BE HARMONIZED WITH THE EUROPEAN LEGISLATION ON SUCCESSION MATTERS
title_full_unstemmed	CROSS-BORDER SUCCESSION ISSUES AND THE ATTEMPTS OF SERBIAN LEGISLATION TO BE HARMONIZED WITH THE EUROPEAN LEGISLATION ON SUCCESSION MATTERS
title_sort	cross-border succession issues and the attempts of serbian legislation to be harmonized with the european legislation on succession matters
publisher	University Business Academy in Novi Sad Faculty of Law for Commerce and Judiciary
publishDate	2021
url	https://doaj.org/article/a36cfe02e76645329da110dfa2d99a39
work_keys_str_mv	AT lauradenegri crossbordersuccessionissuesandtheattemptsofserbianlegislationtobeharmonizedwiththeeuropeanlegislationonsuccessionmatters
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CROSS-BORDER SUCCESSION ISSUES AND THE ATTEMPTS OF SERBIAN LEGISLATION TO BE HARMONIZED WITH THE EUROPEAN LEGISLATION ON SUCCESSION MATTERS

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