Приложимо право към наследяването според Кодекса на международното частно право
Law Applicable to Succession under the Code on International Private Law

Summary/Abstract: In order for the legator to be able to exercise the party autonomy foreseen in Article 89, Paragraph 3 of the Code on Private International Law (the „Code on PIL“) with regard to the succession of his/her property, with a view of excluding the effect of the objectively applicable law, six groups of preconditions must be provided for: 1) the succession relations must reveal an international element; 2) the party autonomy must refer to the law of the country of which the legator has been a citizen at the moment of his death; 3) the choice of applicable law and its revocation must be made in the form of a will; 4) the choice of applicable law can be made at any time up to the legator’s death, but he/she must have been capable of disposing with his/her property in this manner; 5) the choice of applicable law must refer to the legator’s property as a whole; 6) the choice of the applicable law and its revocation must be valid according to the chosen law. Some of these preconditions are stipulated by the Code on PIL, and the rest derive from the analogy with the rules on the choice of law in the field of contracts (Article 93 and the following) and of tort (Article 105 and the following).

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