‘Book review: European Private International Law and Member State Treaties with Third States. The Case of the European Succession Regulation by Anatol Dutta and Wolfgang Wurmnest (2019)’

Anatol Dutta and Wolfgang Wurmnest (eds), European Private International Law and Member State Treaties with Third States. The Case of the European Succession Regulation, Cambridge: Intersentia, 2019. xxiv + 465 pages. ISBN: 9781780686646. GBP 118. This volume offers an in-depth analysis, from a comparative perspective, of the treaties in force between some of the Member States of the European Union participating in the EU Succession Regulation 650/2012 (ie, all Member States, with the exception of Denmark, Ireland and the United Kingdom) and third States, falling under the provision of Article 75(1) of the Regulation. This rule governs the relationship between the Regulation and other international instruments ‘to which one or more Member States are party at the time of adoption of this Regulation and which concern matters covered by this Regulation’ and states – non unlike other EU private international law instruments – that the Regulation ‘shall not affect’ the application of conventions already in force at the time of its adoption between a Member State and third States. In addition, Article 75 contains special provisions dealing with some instruments, ie the Hague Convention of 5 October 1961 on the Conflicts of Laws Relating to the Form of Testamentary Dispositions and the Convention on succession and wills adopted by the Nordic States in 1934, in force between Denmark, Finland, Iceland, Norway and Sweden and revised in 2012 precisely in order to cater for the effects on those countries that participate to the ESR, ie Finland and Sweden. These Conventions are excluded from the scope of the investigation …

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Alessandra Zanobetti, Book review: European Private International Law and Member State Treaties with Third States. The Case of the European Succession Regulation, by Anatol Dutta and Wolfgang Wurmnest. (Cambridge: Intersentia, 2019), Common Market Law Review Volume 58, Issue 1 (2021) pp 240–242.

First posted 2021-01-29 13:17:56

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