Book contents
- The EU Succession Regulation
- The EU Succession Regulation
- Copyright page
- Contents
- Contributors
- Foreword and Acknowledgements
- Abbreviations
- Introduction
- Chapter I Scope and Definitions
- Chapter II Jurisdiction
- Article 4 General Jurisdiction
- Article 5 Choice-of-Court Agreement
- Article 6 Declining of Jurisdiction in the Event of a Choice of Law
- Article 7 Jurisdiction in the Event of a Choice of Law
- Article 8 Closing of Own-Motion Proceedings in the Event of a Choice of Law
- Article 9 Jurisdiction Based on Appearance
- Article 10 Subsidiary Jurisdiction
- Article 11 Forum Necessitatis
- I. The Rationale for the Rule within the System of Allocation of Jurisdiction under the ESR and Its Precedents
- II. Absence of Any Other Ground of Jurisdiction under the ESR
- III. Existence of a Close Connection of the Case with a Third Country Where the Entertainment of an Action Would Prove Impossible or Unreasonable
- IV. Circumstances Determining the Impossibility or the Unreasonableness of Bringing or Conducting Proceedings before the Courts of Such a Third Country
- V. The Requirement of a Sufficient Connection of the Case with the Member State of the Court Seised
- Summary
- Article 12 Limitation of Proceedings
- Article 13 Acceptance or Waiver of the Succession, of a Legacy or of a Reserved Share
- Article 14 Seising of a Court
- Article 15 Examination as to Jurisdiction
- Article 16 Examination as to Admissibility
- Article 17 Lis Pendens
- Article 18 Related Actions
- Article 19 Provisional, Including Protective, Measures
- Chapter III Applicable Law
- Chapter IV Recognition, Enforceability and Enforcement of Decisions
- Chapter V Authentic Instruments and Court Settlements
- Chapter VI European Certificate of Succession
- Chapter VII General and Final Provisions
- Bibliography
- Index
Summary
from Article 11 - Forum Necessitatis
Published online by Cambridge University Press: 10 November 2016
- The EU Succession Regulation
- The EU Succession Regulation
- Copyright page
- Contents
- Contributors
- Foreword and Acknowledgements
- Abbreviations
- Introduction
- Chapter I Scope and Definitions
- Chapter II Jurisdiction
- Article 4 General Jurisdiction
- Article 5 Choice-of-Court Agreement
- Article 6 Declining of Jurisdiction in the Event of a Choice of Law
- Article 7 Jurisdiction in the Event of a Choice of Law
- Article 8 Closing of Own-Motion Proceedings in the Event of a Choice of Law
- Article 9 Jurisdiction Based on Appearance
- Article 10 Subsidiary Jurisdiction
- Article 11 Forum Necessitatis
- I. The Rationale for the Rule within the System of Allocation of Jurisdiction under the ESR and Its Precedents
- II. Absence of Any Other Ground of Jurisdiction under the ESR
- III. Existence of a Close Connection of the Case with a Third Country Where the Entertainment of an Action Would Prove Impossible or Unreasonable
- IV. Circumstances Determining the Impossibility or the Unreasonableness of Bringing or Conducting Proceedings before the Courts of Such a Third Country
- V. The Requirement of a Sufficient Connection of the Case with the Member State of the Court Seised
- Summary
- Article 12 Limitation of Proceedings
- Article 13 Acceptance or Waiver of the Succession, of a Legacy or of a Reserved Share
- Article 14 Seising of a Court
- Article 15 Examination as to Jurisdiction
- Article 16 Examination as to Admissibility
- Article 17 Lis Pendens
- Article 18 Related Actions
- Article 19 Provisional, Including Protective, Measures
- Chapter III Applicable Law
- Chapter IV Recognition, Enforceability and Enforcement of Decisions
- Chapter V Authentic Instruments and Court Settlements
- Chapter VI European Certificate of Succession
- Chapter VII General and Final Provisions
- Bibliography
- Index
Summary
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- The EU Succession RegulationA Commentary, pp. 199 - 208Publisher: Cambridge University PressPrint publication year: 2016
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