Gränsöverskridande arvskiften : En analys av domsrätts- och lagvalsfrågan med beaktande av EU:s förordning nr 650/2012 samt dess förhållande till tredjestat

Sammanfattning: In today’s society it is not uncommon for people to move across borders. We are more likely to work and study in other countries, initiate cross-border relationships, acquire property in other states and change our residence. Therefore it is not uncommon for a per-son to leave inheritance in several states. The laws of succession differ between countries which creates an uncertainty among the devisors when planning their successions. This un-certainty, to which court has jurisdiction and to which country’s law is applicable, is con-sidered as incompatible with the free movement of people and capital within the EU. Therefore, the EU regulation No 650/2012 has been introduced to reduce the uncertainty and enable the EU citizens to govern their successions in advance.The purpose of this paper is to examine whether the regulation solves the current problems regarding the court of jurisdiction and applicable law in cross-border situations concerning succession within the EU and how this regulation in these matters relate to third state. To answer the purpose of this paper the applicable law is studied from a problem-based per-spective. The sources of law is systematized, interpreted and defined in the paper with a descriptive method.The regulation states that the principle of domicile is to be used as a harmonizing principle both regarding jurisdiction and applicable law. The regulation however, does not provide a clear definition of the term domicile. The authors of this paper consider this to be a problem in the enforcement of the principle. The regulation has universal application, wherefore the court may have to apply another state’s law when judging the succession. In such situations it may, for several reasons, be difficult to maintain a high level of legal certainty. The regu-lation only binds the Member States but may still be beneficial in successions related to a third State.