Activities of Kurt LECHNER related to 2009/0157(COD)
Plenary speeches (3)
Succession and the European Certificate of Succession (A7-0045/2012 - Kurt Lechner) (vote)
Succession and the European Certificate of Succession (debate)
Succession and the European Certificate of Succession (debate)
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)
Legal basis opinions (0)
Amendments (5)
Amendment 124 #
Proposal for a regulation
Recital 8
Recital 8
(8) The scope of this Regulation should include all questions arising in civil law in connection with succession to the estates of deceased persons, namely all forms of transfer of propertymission of assets, rights and obligations as a result of death, be it by voluntary transfer, transfer in accordance with a will or an agreement as to succession, or a legal transfer of property as a result of death.
Amendment 129 #
Proposal for a regulation
Recital 12
Recital 12
(12) In view of the increasing mobility of European citizens and in order to encourage good administration of justice within the European Union and to ensure that a genuine connecting factor exists between the succession and the Member State exercising jurisdiction, this Regulation should provide for the competence of the courts of the Member State for the whole of the succession. In disputed cases, jurisdiction should lie with the courts of the Member State of the last habitual residence of the deceased forat the wholtime of the succession. For the same reasons, death. Where the deceased exercises his or her right to choose in accordance with Article 17, the courts where the deceased had nationality should allow the competent court, by way of exception and under certain so have jurisdiction if this is requested by all parties. If Member States also provide for judicial competence in undisputed cases, this should apply acconrditions, to transfer the case to the jurisdiction where the deceased had nationality if the latter is better placed to hear the casengly, with the proviso that the wishes of all the parties involved should be respected; where necessary a court which initially accepted jurisdiction should decline jurisdiction. Should the parties involved wish to resolve inheritance issues without going through the courts, they should not be hindered in so doing by the rules on jurisdiction.
Amendment 135 #
Proposal for a regulation
Recital 19
Recital 19
(19) TProvisions on the validity of the form of dispositions of property upon death, is not covered by the Regulation. For the Member States which have ratified it, its scope is governed by the provisions of the Hague Convention of 5 October 1961 on the conflicts of laws relating to the form of testamentary disposincluding agreements as to succession, should be incorporated in the Regulations.
Amendment 136 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) Provisions on the law applicable to testamentary capacity should be incorporated in the Regulation.
Amendment 191 #
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)