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With cross-border successions becoming increasingly common in the
context of the European Union, this timely book offers a systematic
practical analysis of how cross-border successions should be
treated, including examination of which courts may establish
jurisdiction over succession disputes and which law governs such
disputes. Key Features: Practical analysis of the provisions of the
EU Succession Regulation Consideration of issues at the
intersection between cross-border successions and taxation Analysis
of the specificities of the European Certificate of Succession and
its interface with national laws Study of cross-border successions
in the context of both estate planning and the opening and
liquidation of a succession Contextualization of the EU Succession
Regulation in the framework of the national law and practice of
several EU Member States A comprehensive study of EU cross-border
succession law with global reach, this book is an invaluable source
of reference and guidance for practitioners specialising in estate
planning, family law and property law, including judges, notaries,
tax specialists and lawyers. Scholars of European succession law
and conflict of laws will also find this book's critical analysis
an instrumental tool in their research.
The study is a result of a collaborative research project
addressing "The Implementation of the New Insolvency Regulation -
Improving Cooperation and Mutual Trust". The project was undertaken
by the Max Planck Institute Luxembourg for Procedural Law, the
University of Vienna and the University of Milan, and co-funded by
the European Union as part of the Commission's Action Grants 2013
for Civil Justice. The focus of the study concerns specific issues
of cross-border insolvencies under the recast of the Insolvency
Regulation which already has been prepared by a large part of the
contributing authors in the Heidelberg-Vienna-Luxembourg Report.
The study is comprised of three major topics: 1.The Regulation's
extended scope of application, including pre-insolvency and hybrid
proceedings, the relationship between Article 1(1) of the
Regulation and its Annex A, as well as the interplay between the
Insolvency Regulation and the Brussels Ibis Regulation; 2.the
cooperation between main and secondary insolvency proceedings, the
new instruments, such as "synthetic proceedings", destined to avoid
or postpone the opening of secondary proceedings, further the
cooperation between administrators and courts of different
proceedings as well as protocols to enhance cooperation;
3.insolvencies of groups of companies, with a particular focus on
jurisdiction, COMI-migration, "group coordination proceedings" and
other instruments of coordination.
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