The foreign element in the state planning of families

an international private law study on the coordination of applicable law to the rights of surviving spouse or partner in the EU



Surviving spouse, Surviving partner, Applicable law


This communication aims to analyse the problems of discoordination
between applicable law to family and succession rights of
surviving spouse or partner from the point of view of EU International
Private Law. Firstly, we expose the Private International Law rules contained
in current Regulations (EU) no. 650/2012, 2016/1103 and 2016/1104.
Afterwards, we examine the chances of getting a coordination by means
of jurisdictional authorities and, mostly, by the parties using the choice of
applicable law. The conclusion is that the current Regulations does not
solve efficiently the problem of discoordination, and due to that we also
propose several remedies concerning the direct and indirect adaptation
to solve the problem.