Jurisdiction in the Succession Matters under the Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 in the Face of Polish International Civil Procedure
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Purpose–The aim of the article is to present the impact of EU Regulation no. 650/2012 on determination of jurisdiction in succession matters. The paper presents the distinction between Polish and European system of admitting jurisdiction and its consequence. Design/methodology/approach–Paper is based on the legal-comparative and legal-historical methods of law research. The chosen methods provide a complete picture of the situation, which should be consider from the Member States perspective as well as from EU ones.Finding–Todays reality encourage people to travel or move to another country and the European Union Treaty treats freedom of movement as one of the protected rights. Over the time, this possibility has evolved into a difficulty. Lack of unified succession procedure meant that each Member States has its own regulation regarding to the succession. As an outcome of above, foreign people, especially successors met a great difficulty to obtain their inheritance. Hence, the unification of procedure, which took place in 2012, facilitates it, but it also brought new practical problems and questions, which are resulted using the state law.Research limitations/implications–For the purpose of this paper, the core of research has been limited to the issue of jurisdiction in Regulation (EU) no 650/2012 and its juxtaposition with jurisdiction in matters succession in polish civil procedure code and Regulation (EU) 1215/2015 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. For the purpose of this speech, the issues regarding to recognition and enforcement of judgments on the territory of European Union have not been included. Practical implications–Establishing the proper jurisdiction in matters of succession will help successors in resolving those cases in more efficiently and effectively way. Additionally, this issue will provide more stable principles of inheritance in cases with a foreign element. Originality/Value–The issue of European successor law is not popular agenda and the problems concerning the jurisdiction for cases is extremally invisible for the doctrine. In the light of the foregoing the is a needto develop this aspect of law and introduced them to the wider public.