Published: 2020-12-29

The position of a notary in transnational succession law matters. A note on the judgment of the Court of Justice of European Union in case C-658/17 WB

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Abstract

The commentary presents an analysis of a thesis presented by the Court of Justice of the European Union in Judgment of 23rd of May 2018. The question referred to the Court in case C-658/17 WB concerned legal definition of a ‚court’ and legal classification of the national deed of certification of succession under the provisions of Regulation
(EU) No 650/2012. The Judgment states that notary in Poland that draw up a deed of certificate of succession at the unanimous request of all the parties, does not constitute a ‚court’ within the meaning of that provision. Subsequently, a deed drawn up by such authority does not constitute a ‘decision’ within the meaning of that provision. The Judgment is particularly relevant since its impact extends to national certificates of succession issued by notaries in other countries, that are part of the Latin part notary system. In conclusion it is indicated, that the Judgment rendered by Tribunal, although highly rightful, relates to merely one of numerous issues concerning use of authentic documents in cross-border succession cases.

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Citation rules

Konieczna, K. (2020). The position of a notary in transnational succession law matters. A note on the judgment of the Court of Justice of European Union in case C-658/17 WB. Problemy Prawa Prywatnego Międzynarodowego (“Problems of Private International law”), 27, 303–317. https://doi.org/10.31261/PPPM.2020.27.11

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Vol. 27 (2020)
Published: 2020-12-31


ISSN: 1896-7604
eISSN: 2353-9852
Ikona DOI 10.31261/PPGOS

Publisher
Wydawnictwo Uniwersytetu Śląskiego | University of Silesia Press

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