Aktuelle EuGH-Rechtsprechung zur EU-Erbrechtsverordnung

• Jurisdiction: European Union
• Year: 2021
• Author: Jens Kleinschmidt

Speaker

Professor Jens Kleinschmidt has been professor of private law, private international law and comparative law at Trier University since 2013. He studied law at the universities of Cologne, Geneva, and Freiburg, obtained an LL.M. from the University of California at Berkeley and a doctorate from Regensburg University.

Before joining the law faculty in Trier, he was a senior research fellow at the Max Planck Institute for comparative and international Private Law in Hamburg and a part-time lecturer at Bucerius Law School in Hamburg where he also completed his “habilitation” at the interface between substantive private law and procedural law. He is also a fellow of the European Law Institute and a member of the editorial committee of the Rabel Journal of Comparative and International Private Law.

Topic

In this informative presentation, Jens Kleinschmidt delves into the intricacies of two recent European Court of Justice (ECJ) decisions, namely C-80/19 and C-658/17, which revolve around the EU Inheritance Regulation. With a particular emphasis on cross-border proof of heir status, determination of the testator's habitual residence, and the application of Article 4 et seq., Kleinschmidt sheds light on the key aspects of these rulings.

One of the pivotal topics discussed in this presentation is the cross-border proof of the status of heir. Kleinschmidt delves into the complexities and challenges that arise when dealing with inheritance cases spanning multiple jurisdictions within the European Union. He highlights the significance of the ECJ's decision in case C-80/19, which provides crucial guidance on the legal mechanisms and requirements necessary to establish and verify the status of an heir across borders.

Another critical aspect covered in the presentation is the determination of the habitual residence of the testator. Kleinschmidt explains how the ECJ ruling in case C-658/17 has clarified the factors and considerations that play a role in determining the habitual residence of an individual in the context of the EU Inheritance Regulation. He discusses the legal principles and precedents established by this decision, elucidating the...