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Update the Unfair Contract Terms directive for digital services
This study analyses common terms in contracts of digital service providers, indicating when they could significantly distort the balance between the parties’ rights and obligations to the detriment of consumers and should, therefore, fall within the scope of the Unfair Contract Terms Directive. Further, the study discusses the particularities of the assessment of online transparency of terms of digital service providers and sanctions they could face if they breach the current consumer protection ...
The state of implementation of the EU Succession Regulation’s provisions on its scope, applicable law, freedom of choice, and parallelism between the law and the courts
This briefing, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs, provides an assessment of the state of implementation of the EU Regulation on cross-border succession with a view to determining whether it is fulfilling its goal of ensuring legal certainty, predictability and simplification for citizens. It focusses, in particular, on the provisions on the scope, applicable law, party autonomy and parallelism between forum and jus.
This briefing, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs, provides an assessment of the state of implementation of the EU Regulation on cross-border succession with a view to determining whether it is fulfilling its goal of ensuring legal certainty, predictability and simplification for citizens. It focusses, in particular, on the provisions on public policy’s exception, universal application, renvoi and on the European Certificate ...
The Evidentiary Effects of Authentic Acts in the Member States of the European Union, in the Context of Successions
The EU Succession Regulation (Regulation 650/2012) allows for cross-border circulation of authentic instruments in a matter of succession. Authentic instruments are documents created by authorised authorities which benefit from certain evidential advantages. As this Regulation does not harmonise Member State substantive laws or procedures concerning succession the laws relating to the domestic evidentiary effects of succession authentic instruments remain diverse. Article 59 of the Succession Regulation ...
Adoption: Cross-Border Legal Issues and Gaps in the European Union
This note summarises issues relating to the current legal framework for cross-border adoption matters – legal gaps and consequent obstacles to free movement of citizens – and avenues for solutions. It is draws on the background briefings prepared by independent experts and presented at the JURI-PETI workshop on ‘Adoption: Cross-border legal issues’ held at the European Parliament (EP) on 1 December 2015. The workshop had two main objectives: on the one hand, to respond to a number of petitions submitted ...
"Habitual residence" as connecting factor in EU civil justice measures
In the EU's recent Succession Regulation, habitual residence is the key connecting factor for determining both which courts have jurisdiction and what law is applicable to a trans-national succession.
Regulation (EC) n. 650/2012 of July 2012 on jurisdiction, applicable law, recognition and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession
The newly adopted Regulation (EU) No 650/2012 is an ambitious instrument dealing exhaustively with every private international law aspects in regard to cross-border successions. The Regulation aims at harmonizing private international law rules so as to enable individuals to organize more efficiently and more rapidly their successions within the area of freedom, security and justice. The present paper addressed the main innovations, advantages and pitfalls of the new Regulation.
Opinion on the Proposal for a European Regulation on the Rigth of Succession 2009/157(COD) - Version of 16 January 2012
This opinion deals with the consolidated text of the draft Regulation on succession law in the version dated 10/16 January 2012. The decisions underlying the draft appear to be sound: synchronisation of jurisdiction and applicable law, the decisive significance of the deceased’s last place of residence, the principle that the same law is to govern the succession as a whole, and the establishment of a European Certificate of Succession. The draft makes significant improvements on previous versions ...
The Consumer Experience of Mediation in England and Wales
This note provides an overview of the consumer’s experience of mediation in England and Wales, including commentary upon the EU Mediation Directive and its implementation in the jurisdiction.
Content and effects of the European Certificate of succession as proposed in the Proposal for a Regulation on Succession and Wills
This note analyses the provisions on the content and effects of the European Certificate of Succession, laid down in the Proposal for a Regulation on Succession and Wills. The main purpose of the European Certificate is to constitute a proof of the capacity of heir or legatee and the powers of the executors of wills or thirdparty administrators. There is close link between the content and the effects of the European Certificate of succession. They follow from the purpose for which the certificate ...