Abstract

The concept of an agreement as to succession is one of the basic expressions defining the scope of application of the rules of Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions, acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. The qualification of this concept also affects the way in which a more general phrase, i.e. disposition of property upon death, is interpreted. An attempt to make a correct qualification is attempted by the Court of Justice of the European Union in its judgment of 9 September 2021. A contribution to the reflection on the meaning of the commented phrases are donations in contemplation of death that are found in certain systems. The ECJ seeks to assign those legal acts to the applicable conflict-of-law statute. As part of the study, the author analyses the conclusions arising from the judgment of 9 September 2021 regarding qualification of a mortis causa donation in the context of broader concepts: an agreement regarding succession and disposition of property upon death. The author confronts the outcome of the analysis performed by the ECJ with the views presented by representatives of private international law. This allows the author to assess the position presented in the commented judgment and determine its actual universal meaning.