Article 10 - Subsidiary Jurisdiction

Summary I. The role of subsidiary jurisdiction rules within the system of allocation of jurisdiction under the ESR II. Subsidiary jurisdiction of the courts of a Member State where assets belonging to the estate of the deceased are located: grounds for such a rule and problems inherent in the location of assets III. Circumstances in which the courts of a Member State where assets belonging to the estate of the deceased are located may exercise general jurisdiction in respect of the succession A. Where the deceased possessed the nationality of such a Member State: issues raised by double or multiple nationalities B. Where the deceased was previously habitually resident in the relevant Member State: issues raised by the temporal requirement contained in the rule IV. Cases in which jurisdiction is limited to disputes concerning assets located within the Member State of the forum: issues of delimitation and disadvantages of a fragmentation of jurisdiction in respect of the succession