Funktionen und Aufgaben des Notars in internationalen Erbfällen

• Jurisdiction: European Union
• Year: 2022
• Author: Martin Margonski

Speaker

Martin Margonski is a notary representative in Krappitz (Upper Silesia) and an author of several commentaries on European inheritance law. From 2009 to 2012, he was a Ph.D. scholar under the guidance of Prof. Dieter Martiny at the European University Viadrina in Frankfurt (Oder). In 2012, he earned his Ph.D. degree (Doktor der Rechte) in Law with the highest distinction (summa cum laude).

Following that, Martin completed his legal clerkship (aplikacja notarialna) at the Chamber of Notaries in Wrocław between 2011 and 2013. He successfully passed the notarial bar exam in Wrocław in November 2013. Martin served as a notary representative in Slubice, located on the Polish-German border, from 2014 to 2018. Since January 2019, he has been working as a notary representative in Krapkowice, Upper Silesia. In addition to his notarial duties, Martin also acts as a court expert on foreign law and regularly speaks at seminars on succession law and private international law (PIL) for Polish judges and notaries.

Topic

In the context of the European Inheritance Regulation (EU No. 650/2012), the role of notaries in performing probate tasks becomes a significant aspect to consider. Martin Margonski sheds light on the responsibilities of notaries in international succession cases, drawing upon the current case law of the European Court of Justice (ECJ). Over time, the ECJ has encountered numerous instances where it has been confronted with this contentious topic, thereby shaping its stance on the matter.

In international succession cases, the European Inheritance Regulation plays a crucial role in harmonizing the rules and procedures regarding cross-border inheritances within the European Union (EU). This regulation aims to simplify and streamline the settlement of international estates, ensuring legal certainty and facilitating the efficient transfer of assets across different member states.

Notaries, as legal professionals with expertise in matters of inheritance and succession, assume a central role in the probate process. Their involvement is particularly significant when dealing with international successions, as they navigate the complex legal...