European developments in civil law
The member states of the European Union each have their own legal system, including the area of civil law. However, some civil law matters have a cross-border character and are subject to the law of two or more member states; take for instance a contract between two companies from different member states. Which law is applicable in that case? The European Commission has put forward a number of proposals in order to provide clarity in cross-border civil law matters.
Succession law
When a person passes away, he or she leaves possessions and/or debts. The transfer of possessions and debts to the beneficiaries is subject to succession law. Each member state of the European Union has its own system of succession law. Some people have possessions in several member states. Consequently, the settlement of their inheritance is subject to diverging national rules, which hampers the smooth settlement of the succession.
Identical rules
That is the reason why the European Commission has proposed that a decision arrived at in an inheritance case in the Netherlands, for instance, is recognised and can be carried out in other member states as well, and vice versa. As a result, a cross-border inheritance can be settled in a single EU -member state. The advantage of this is that citizens no longer need to take legal action in several countries at the same time. According to the European Commission, the new rules will also lead to a reduction in administrative burdens and to enhanced legal certainty.
Protection measures
A court can issue protection measures in civil law matters, for instance a street ban in case of domestic violence. The European Commission has drafted a regulation to lay down that protective orders can be maintained and enforced in any other member state where the victim is staying. A simple procedure will be introduced to maintain protection measures in another member state, in order to enhance the position of victims. The Netherlands welcomes this initiative to protect the victims of criminal offences.
European common sales law
The European Commission has also put forward a proposal to introduce European common sales law, in order to remove the obstacles to cross-border trade. The proposal leaves all parties concerned the choice to apply the European common sales law to cross-border contracts. This is true for both business-to-business contracts and business-to-consumer contracts. European sales law facilitates cross-border transactions and offers legal certainty to the parties involved. That is how the European Commission intends to improve the working of the single EU -market. The Netherlands is critical about the added value of the proposal, as compared to the existing legal systems of the European Union member states.
FIN :EN:PDF">EU -regulation on mutual recognition of protection measures in civil matters
FIN :EN:PDF">Proposal for an EU - regulation on a Common European Sales Law
