Lagval och behörighet i EUs arvsförordning: Konsekvenser av att bodelningsregler inte omfattas
Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
People move between countries and establish connections all over the world. This results in a need to solve problems with cross-border inheritances and partitions of joint property. Today these situations are regulated by the countries’ own international private law. EU has adopted a constitution that harmonizes rules of jurisdiction and applicable law for inheritances but not the partition of joint property. The objective of this presentation is to study the consequences of the regulation in Swedish law and the effect of non-harmonization of partition.
Swedish courts have jurisdiction in cross-border inheritance disputes if the deceased had domicile or property in Sweden or Swedish citizenship. The applicable law is determined by the principle of nationality. The same jurisdictional rules apply to the partition of joint property due to the death of a spouse. Swedish courts can also have jurisdiction in case the defendant has domicile in Sweden or if he accepts that Swedish court hear the dispute, as well as if the plaintiff has domicile in Sweden and Swedish law is applicable on the partition. The applicable law regarding this is determined by the principle of domicile or an agreement between the spouses.
The regulation states jurisdiction and applicable law shall be determined by the domicile. It also states a common recognition of member states judicial decisions in this area. Sweden will be forced to abandon the principle of nationality and Swedish courts will not be required to apply foreign law with the same frequency as before. Jurisdiction for distribution of estate will have the same principle as the partition. Sweden is going to get a rather narrow jurisdiction for the inheritance. Due to this Sweden will need to recognize more foreign judicial decisions than before. Wider jurisdiction will apply to partition which may lead to continued parallel processes.
Place, publisher, year, edition, pages
2015. , 38 p.
IdentifiersURN: urn:nbn:se:hj:diva-26642ISRN: JU-IHH-HAA-1-20150041OAI: oai:DiVA.org:hj-26642DiVA: diva2:812793
Subject / course
IHH, Commercial Law
Krohn, Peter, Doktorand i rättsvetenskap
Sund, Lars-Göran, Professor i rättsvetenskap