The Last Habitual Residence of the Deceased as the Principal Connecting Factor in the Context of the Succession Regulation (650/2012)

Atallah Max ()
Additional contact information
Atallah Max: Tallinn Law School, Tallinn University of Technology Akadeemia tee 3, Tallinn 12618, Estonia

TalTech Journal of European Studies, 2015, vol. 5, issue 2, 130-146

Abstract: The objective of this study was to gather information about the last habitual residence (LHR) of the deceased in the context of the upcoming EU Succession Regulation. In addition, the aim was to analyze the adequacy of the legally undefined LHR as the principal connecting factor in cross-border succession within the EU. This study was carried out as a part of a bachelor thesis conducted on the same subject. The data were collected from relevant jurisprudence, international law, national acts, the EU published materials and case law. These results suggest that the legally undefined LHR is an unstable connecting factor for the purposes of the Succession Regulation, since it cannot guarantee sufficient legal certainty, and hence, the EU citizens are not able to fully utilize their right to free movement. The findings indicate that there might be a need to amend a legal definition for the LHR, not only for the EU Member States to be able to apply the concept in an harmonized way, but also for the EU citizens to know whether they are considered habitually resident in a state or not.

Keywords: connecting factor; last habitual residence (LHR); Succession Regulation (SR) (search for similar items in EconPapers)
Date: 2015
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
https://doi.org/10.1515/bjes-2015-0017 (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:vrs:bjeust:v:5:y:2015:i:2:p:130-146:n:8

DOI: 10.1515/bjes-2015-0017

Access Statistics for this article

TalTech Journal of European Studies is currently edited by Tanel Kerikmäe and Matti Rudanko

More articles in TalTech Journal of European Studies from Sciendo
Bibliographic data for series maintained by Peter Golla ().