Harmonising Private International Law for Succession: Analysis of the European Union Succession Regulation and Its Impact on Montenegrin Private International Law

Abstract

This article presents a comparative analysis of the Private International Law (PIL) for succession in Montenegro and in the European Union (EU). Montenegro, as a candidate country for EU accession, has undertaken significant efforts to align its PIL rules on succession with the relevant EU legal framework. Despite significant degree of harmonisation in this area, certain discrepancies remain, particularly with regard to the rules on jurisdiction and applicable law. These differences provide the rationale for the present paper’s analysis of both aspects, which enable to identification of potential coordination problems which may arise when discussing inheritance with foreign element. The first part of the research examines jurisdiction rules for succession matters with a foreign element in the EU Succession Regulation and in Montenegro and procedural mechanisms for prevention of jurisdictional conflicts. The analysis then focuses on the conflict-of law rules applicable to succession matters and the mechanisms for determining the governing law, focusing on provisions that may cause coordination problems. Based on the conducted analysis, the study demonstrates that divergences of the rules on international jurisdiction and applicable law may complicate the resolution of cross-border succession cases involving Montenegro and Member States of EU, thereby undermining legal certainty and procedural efficiency. The findings highlight the need for greater coordination and harmonization of the relevant legal frameworks. In this regard, the research identifies potential legislative solutions aimed at reducing or eliminating the adverse effects of these differences, ultimately contributing to more predictable outcomes and more effective adjudication of international succession disputes.