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Private International law Addi Rull

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Presentation on theme: "Private International law Addi Rull"— Presentation transcript:

1 Private International law Addi Rull

2 Private International Law Act (Estonian) § 24. Law applicable to succession Succession shall be governed by the law of the last state of residence of the bequeather. lex domicilii (law of the domicile) Does it mean we should apply Swedish law of succession? Swedish law provides that succession shall be governed by the law of the citizenship of the bequeather. lex patriae (law of nationality) Which law should be applied? renvoi –Estonian law should be applied

3 Land Register Act § 1. Purpose of Land Register Act (1)The Land Register Act provides for the procedure for maintenance of land registers. § 5¹. Registered immovable Each of the following, if entered in the land register as an independent unit, is registered immovable: 1) an immovable (plot of land); 2) right of superficies; 3) apartment ownership; 4) right of superficies in apartments.

4 Law of Succession Act Division 6, Succession proceedings at notary § 165. Competence of notary (1) The notarial acts specified in this Chapter shall be performed by a notary at which the succession proceedings are initiated. (2) Succession proceedings shall be conducted by an Estonian notary if he bequeather's last residence was in Estonia. (3) If the last residence of a bequeather was in a foreign state, an Estonian notary shall conduct succession proceedings only with respect to property located in Estonia provided that the succession proceedings cannot be conducted in the foreign state or the proceedings conducted in the foreign state do not include the property located in Estonia or the succession certificate prepared in the foreign state is not recognised in Estonia.

5 Law of Succession Act Division 6, Succession proceedings at notary § 165. Competence of notary (4) A succession certificate prepared in a foreign state is recognised in Estonia if the procedure for the preparation and the legal effect thereof are comparable to the provisions of Estonian law concerning succession certificates. Harju County Court shall decide on the recognition in proceedings on petition.

6 Notaries Act § 30. Legal assistance and representation arising from notarial acts (2) A notary shall represent the parties in connection with notarial acts in judicial and administrative agencies and: 1) shall prepare and forward applications for the registration of notarially attested transactions and applications for the withdrawal of applications; 2) shall prepare and forward notarised applications for registration in a land registry department or registration department of a court and applications for the amendment or withdrawal of applications.

7 Swedish law Inheritance Sections 1 5, 7 19 and 21 of the Act on the Estates of Deceased Danish, Finnish, Icelandic or Norwegian Nationals who had their Habitual Residence in Sweden (1935:44) Chapter 1 of the Act on International Legal Relationships in respect of the Estates of Deceased Persons (1937:81)

8 Swedish law Renvoi The general approach taken to renvoi in Swedish private international law is negative. There is an exception, however, in Section 79(2) of the Bills of Exchange Act and Section 58(2) of the Cheques Act, regarding the capacity of foreign nationals to enter into transactions involving bills of exchange or cheques. The reason is that these provisions are based on international conventions. There are other exceptions in Section 9(2) of the Act on the Effects of Insolvencies occurring in another Nordic Country (1981:7) and Sections 5-7 of the Act on the Law Applicable to Certain Insurance Contracts (1993:645). Lastly, on the formal validity of a marriage, renvoi is recognised in Section 1(7) of the Act on Certain International Legal Relationships in respect of Marriage and Guardianship (1904:26 s. 1).

9 Useful sources European Judicial Network applicable_law_swe_en.htm

10 The approach to the law of another state The question is what does one state (one legal system) by its approach to private international law view (recognise) as the law of another state. There are three basic possibilities: a state does not use renvoi and therefore only recognises the law of another state excluding norms of private international law and renvoi; a state uses a single renvoi and therefore only recognises the law of another state and norms of private international law excluding renvoi; a state uses a total (double) renvoi and therefore recognises the law of another state and norms of private international law and renvoi.

11 Case 4 Woman with her child lives in Estonia. The father of the child lives in Belarus and does not alimony.

12 Private International Law Act (Estonian) §§ 61; 65 § 61. Law applicable to maintenance obligations The Hague Convention of 2 October 1973 on the Law Applicable to Maintenance Obligations (RT II 1999, 24, 140) applies to maintenance obligations arising from family relationships. § 65. Relationships between child and parent Family law relationships between a parent and a child shall be governed by the law of the state of residence of the child.

13 Belarus no bilateral agreements between Estonia and Belarus Belarus does not have private international law act norms of private international law are in the Civil Code the Civil Code does not contain norms of private international law regarding maintenance

14 Belarus Are there any multilateral international agreements? Convention on the Recovery Abroad of Maintenance, New York, 20 June listing listing Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters


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