Monitor Prawniczy

no. 13/2021

Jurisdiction vs the law applicable to succession

DOI: 10.32027/MOP.21.13.4
Marcin Kłoda
Autor jest adwokatem, partnerem Kłoda Toczko sp.p. Adwokaci z siedzibą w Warszawie; ORCID: 0000-0002-7286-0662.
Abstract

The paper discusses the 16 July 2020 judgment of the Court of Justice of the European Union, C-80/19, E.E., as far as its part relating to the transitional issues of the EU succession regulation (No 650/2012) is concerned. It was held in that judgment that Art. 83(4) of that regulation concerns a fictional choice of law, does not apply where the relevant disposition of property upon death carries an actual choice of law, and refers to a disposition mortis causa made at any time before 17 August 2015 by a person who died on or after that date, while such a fictional choice of law has the effects of an actual choice of law.