Activities of Sajjad KARIM related to 2009/0157(COD)
Plenary speeches (1)
Succession and the European Certificate of Succession (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession PDF (458 KB) DOC (347 KB)
Amendments (6)
Amendment 205 #
Proposal for a regulation
Article 21 – paragraph 2 – introductory wording
Article 21 – paragraph 2 – introductory wording
2. TNotwithstanding the law applicable to the succession shall be no obstacle to the application of, where the law of the Member State in which succession property is located requires the appointment of an administrator of the estate or an executor of the will, the law of theat Member State in whichshall apply in relation to theat property ias located where itregards the following matters:
Amendment 206 #
Proposal for a regulation
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) subjects the administration and liquidation of the succession to the appointment of anthe administrator or the executor of the will viaby an authority located in thisat Member State. The law applicable to the succession shall govern the determination of the persons, such as the heirs, legatees, executors or administrators of the will, who are likely to be appointed to administer and liquidate the succession;
Amendment 209 #
Proposal for a regulation
Article 21 – paragraph 2 – point b
Article 21 – paragraph 2 – point b
(b) subjects the final transfer of the inheritance to the beneficiaries to the prior payment of taxesthe powers and duties of any appointed administrator or executor which are exercisable in relationg to the successionassets located in that Member State.
Amendment 211 #
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. Where this paragraph applies, any administrator or executor appointed under that law shall also be entitled, pursuant to that law, to discharge the debts of the deceased, whether or not they are located in that Member State. However, the order of priority for the discharge of all such debts shall be determined in accordance with the law applicable to the succession.
Amendment 212 #
Proposal for a regulation
Article 21 – paragraph 2 b (new)
Article 21 – paragraph 2 b (new)
2b. In application of point (a) of paragraph 2, the authority of the Member State concerned shall appoint the following persons to act there in that capacity: (a) any persons entrusted with the administration of the estate by a court on which jurisdiction has been conferred in relation to the succession; or (b) where no person has been so entrusted, any persons entitled as heirs pursuant to the law applicable to the succession; or (c) such other persons as that authority shall appoint.
Amendment 213 #
Proposal for a regulation
Article 21 – paragraph 2 c (new)
Article 21 – paragraph 2 c (new)
2c. Appointments made under point (c) of paragraph 2b may only be made by way of exception and only in cases where the persons entitled as heirs under the law applicable to the succession are either insufficient or excessive in number under the law of the Member State where the authority is situated or are not qualified to act as administrators or executors for a reason concerning the public policy (ordre public) of that Member State.