The Required Forum for International Inheritance Cases: What's Next?

State Law University named after V. F. Yakovlev The article is devoted to the expansion of the competence of Russian notaries and courts in international inheritance cases as a result of the adoption of the decision of the Constitutional Court. The deviation authorized by him from the connectedness of the inheritance procedure and the applicable law conceals the potential to increase the efficiency, speed and convenience of settling the Russian part of the cross-border inheritance, but does not exclude serious complications that threaten the stability and predictability of inheritance. Based on the analysis of possible consequences, the conclusion is drawn about the exclusivity of the application of the doctrine of the necessary forum in the current conditions and the need to develop a universal approach to the delimitation of jurisdiction in cross-border inheritance.

Authors

Publication Details

Journal
Arbitrazh-civil procedure
Published
2024-08-08
DOI
https://doi.org/10.18572/1812-383x-2024-8-7-11
Primary Topic
Conflict of Laws and Jurisdiction
Type
article
Field-Weighted Citation Impact
0.00
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article

The Required Forum for International Inheritance Cases: What's Next?

L.D. Zazulina, Igor G Rents
Arbitrazh-civil procedure
Conflict of Laws and Jurisdiction
article

The Required Forum for International Inheritance Cases: What's Next?

L.D. Zazulina, Igor G Rents
article en

Abstract

State Law University named after V. F. Yakovlev The article is devoted to the expansion of the competence of Russian notaries and courts in international inheritance cases as a result of the adoption of the decision of the Constitutional Court. The deviation authorized by him from the connectedness of the inheritance procedure and the applicable law conceals the potential to increase the efficiency, speed and convenience of settling the Russian part of the cross-border inheritance, but does not exclude serious complications that threaten the stability and predictability of inheritance. Based on the analysis of possible consequences, the conclusion is drawn about the exclusivity of the application of the doctrine of the necessary forum in the current conditions and the need to develop a universal approach to the delimitation of jurisdiction in cross-border inheritance.

Arbitrazh-civil procedure
Peace, Justice and strong institutions
Openalex Percentile: Top 79%
Conflict of Laws and Jurisdiction
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