Civil Justice Project
Directorate-General for Justice, Freedom and Security
of the European Commission
Civil Justice Project “The Perspectives of Europeanization of Law of Succession”
AIMS of the PROJECT
Research Project: “The Perspectives of the Europeanization of the law of succession” contributes in the creation of a genuine European area of justice in civil matters based on mutual recognition of successions and wills and promotion of the elimination of obstacles to the good functioning of cross-border civil proceedings in the Member States by providing for an universal harmonized substantial rules and conflict of law rules governing the international succession.
The difficulties facing the creation of European law of succession and transnational succession mostly flow from the divergence in substantive law rules, procedural rules and conflict rules of the Member States.
The Research Project, based on the comparative analysis of different major European legal systems and national legal orders, as well as the conventions governing the law of succession, is to provide the solutions for the proper functioning of the law of succession facilitating the acquisition of the property.
However, the harmonization of the substantive law on succession is not possible, because the EU lack the power to regulate this issues, it is interesting to look whether there are any other possibilities for facilitating of the application of the law of succession to the situations with the transnational element. The comparative analysis and research will lead to the proposition of the regulation that might be later used by the European legislator wishing to regulate this area in the form of an European instrument. Furthermore, the findings of the research will also find its application in the course of the revision of national legislations concerning the law of succession and allow at the same time to modernize the national civil codes in line with the ongoing changes taking place in the European Union.
Our international Research Teams is created on the base of the research staff from three participating entities:
the Vilnius University (Lithuania), represented by Mr. Tomas Davulis, PhD, LL.M , Mrs Danguole Bubliene, Mrs. Egle Caplinskiene, Mr. Vitautas Mindaugas
Turiba University (Latvia), represented by Mr. Imants Bergs, MA and Ms. Dana Rone, MA.
the Kozminski University (Poland, coordinating entity), represented by Prof. Dr hab. Fryderyk Zoll, Mrs. Magdalena Olczyk, PhD, Mrs. Barbara Łyszczarz, MA, Mrs. Elwira Macierzyńska-Franaszczyk, MSc, MA.
The Research Project started in January 2009 and will finish in March 2010. The duration of the project is divided in two phases. The first 9-months phase is devoted to comparative legal research conducted on the national level. The assuming of the research is held during the seminar-meetings.
The second phase of the project will be devoted to the dissemination of the research findings during the planed conferences, seminars and internal trainings. This phase will also bring the preparation of research papers in form of press articles, conference materials and the final report.