Spadek po Emilii: studium przypadku z zakresu międzynarodowego prawa spadkowego i przepływu dokumentów w Unii Europejskiej

Abstract

The presented case study builds upon a fictious factual scenario involving transnational succession. It tells a story of Emilia — a national of a Member State who emigrates to another Member State, establishes a successful business and marries a national of that other State — also a women. She dies during COVID-19 pandemic and leaves an estate comprising immovables and other assets located in a number of states. The case study touches upon various legal questions arising under Regulation 650/2012, Regulation 2016/1191, and the Hague Apostille Convention. It invites the trainers and students to consider concepts such as the place of habitual residence of the deceased, the European Succession Certificate and the national instruments certifying the inheritance, as well as the will and the donatio mortis causa. It asks questions relating to the formalities that are necessarily to complete a transnational succession. Notably, it lays out a problem whether a succession in a same-sex marriage — concluded validly in one Member State — should be accepted in another Member State that does not know such a concept in its domestic law.