GENERAL PRIVATE INTERNATIONAL LAW INSTITUTES IN THE EU SUCCESSION REGULATION – SOME REMARKS
GENERAL PRIVATE INTERNATIONAL LAW INSTITUTES IN THE EU SUCCESSION REGULATION – SOME REMARKS

Summary/Abstract: Questions concerning the General Part of Private International Law have always had a certain appeal for those working with conflict of laws, because the topic deals with the “abstract roof” of an already abstract legal field. Nevertheless, such questions are not purely academic in nature, but rather due to the attempt for equal treatment of repeatedly occurring legal questions, so that the General Part supports realization of the legal idea itself. Regarding this background, it might seem dis-appointing that European PIL has not yet regulated these questions by a special regulation – a so-called “Rome 0-Regulation”. But the European legislator has chosen a different way, namely a step-by-step codification of the several legal fields concerning conflict of laws, in which questions of the General Part are regulated in a context-specific manner.Occasionally, this approach leads to inconsistency within the European PIL, but it also facilitates an evolutionary development of the General Part, which is not trapped within a distinct national legal doctrine, but pursues a genuine European understanding.

• Details
• Contents