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Succession, Registration and the Extraterritorial Application of the lex rei sitae

Succession, Registration and the Extraterritorial Application of the lex rei sitae The European Union is built upon the idea of, what is called, an economic constitution (the eu is based on a market economy, of which private ownership, free flow of property, freedom of contract and the freedom to choose your own profession or business are the core elements). This economic constitution functions within the broader framework of the four freedoms, creating the internal market, laid down in the European treaties (freedom of goods, persons, services and capital). Within the internal European market nationality of economic actors is irrelevant, as all citizens of the Member States are also citizens of the European Union (article 18 (1) tfeu ). 1 As diverging laws have a negative impact on the efficient functioning of the internal market (divergence may result in partitioning of that market along Member State borders) a continuing process of legal integration is taking place, aimed at harmonising or unifying various fields of law and which may take various forms (recommendations, directives or regulations). Certain legal areas, however, are so complicated and diverse that harmonisation, let alone: unification, attempts prove to be very difficult. One such area is property law. It is, therefore, understandable that decisions regarding nationalisation or http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Comparative Law and Governance Brill

Succession, Registration and the Extraterritorial Application of the lex rei sitae

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Publisher
Brill
Copyright
© 2016 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Editorial
ISSN
2213-4506
eISSN
2213-4514
DOI
10.1163/22134514-00304003
Publisher site
See Article on Publisher Site

Abstract

The European Union is built upon the idea of, what is called, an economic constitution (the eu is based on a market economy, of which private ownership, free flow of property, freedom of contract and the freedom to choose your own profession or business are the core elements). This economic constitution functions within the broader framework of the four freedoms, creating the internal market, laid down in the European treaties (freedom of goods, persons, services and capital). Within the internal European market nationality of economic actors is irrelevant, as all citizens of the Member States are also citizens of the European Union (article 18 (1) tfeu ). 1 As diverging laws have a negative impact on the efficient functioning of the internal market (divergence may result in partitioning of that market along Member State borders) a continuing process of legal integration is taking place, aimed at harmonising or unifying various fields of law and which may take various forms (recommendations, directives or regulations). Certain legal areas, however, are so complicated and diverse that harmonisation, let alone: unification, attempts prove to be very difficult. One such area is property law. It is, therefore, understandable that decisions regarding nationalisation or

Journal

European Journal of Comparative Law and GovernanceBrill

Published: Nov 24, 2016

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