Balkan Yearbook of European and International Law 2022

Description

The fourth volume of the Balkan Yearbook of European and International Law (BYEIL) presents nine new articles offering scholarly insights into a variety of legal issues, with a special focus on the countries of Southeast Europe. All six articles in the special section reflect the authors’ efforts to untangle difficult questions concerning family property in private international law. Addressing a range of topics, leading national experts in the respective areas discuss Bosnian and Herzegovinian, Croatian, Greek, Lithuanian and Turkish law. In turn, the general sections on European law and international law include three articles on diverse topics in private and public law, from a fresh take on the legal and practical effects of Brexit over EUTMs, and the legal nature of cryptocurrencies in different jurisdictions, to difficulties establishing the rule of law in Bosnia and Herzegovina. Preface Contents Editors and Contributors Part I: Special Section on Family Property Private International Law Interstate and Cross-Border Family Relations in Bosnia and Herzegovina: The Intricacies of a Multi-Layered Legal System 1 Introduction 2 Family Legislation in Bosnia and Herzegovina 2.1 Marriage and Dissolution of Marriage 2.2 Matrimonial Property 2.3 Parental Responsibility 2.4 Maternity and Paternity 2.5 Maintenance 2.6 Adoption 3 Internal Conflict of Laws of Bosnia and Herzegovina Before Domestic Authorities 4 Internal Conflict of Laws of Bosnia and Herzegovina Before Foreign Authorities 5 Conclusion References Applicative Problems Regarding the Turkish Certificate of Succession 1 Introduction 2 Certificate of Succession in Turkish Law 2.1 Definition and Legal Nature of a Certificate of Succession 2.2 Competent Authorities to Issue a Certificate of Succession 2.2.1 The Courts and/or Notaries 2.2.2 Competent Courts in Issuing the Certificate of Succession Involving a Foreign Element 3 The Law Applicable to the Certificate of Succession Involving a Foreign Element 3.1 Special Rule in the PILA 3.2 Death of a Spouse in a Same-Sex Marriage 4 Recognition of Certificates of Succession Issued in Foreign Countries 4.1 Relevant Legal Sources 4.2 Recognition Under the PILA 4.2.1 Prerequisites for Recognition Finalization The Decision Given by a State Court 4.2.2 Main Conditions of Recognition 5 Conclusion References Division of Property Between Spouses in Lithuania: From Substantive to Private International Law 1 Introduction 2 Family Law in Lithuania 3 Matrimonial Property Regimes in Lithuanian Law 3.1 Family Property 3.2 Statutory Legal Regime 3.3 Contractual Legal Regime 3.4 Property Relations in Case of Cohabitating Couples 4 The Law Applicable to the Couple´s Property in Cross-Border Cases According to Lithuanian Rules 4.1 Default Rules When the Choice of Law Was Not Made 4.2 Conflict of Law Rules and Party Autonomy 5 Jurisdiction in Matrimonial Property Cases According to Lithuanian Law 5.1 Subject-Matter and Territorial Jurisdiction and Procedure 5.2 International Jurisdiction 6 Would the Application of the Matrimonial Property Regulation Bring Positive Changes to Lithuanian Practice? 7 Concluding Remarks Legal Instruments and Case-Law References Bibliography Material Ambit of EU Regulations on Property Regimes of Cross-Border Couples: Which Family Formations Are Left to Croatian Nat... 1 Introduction 2 The Twin Regulations´ Material Scope of Application 3 The Notion of Marriage and Registered Partnership in the Twin Regulations 4 Marriage and Registered Partnership in Croatian Law 5 Other Family Formations in EU Private International Law 6 Other Family Formations in Croatian Law 7 Conclusion Legal Instruments Judgments Other Sources References Bibliography Property Regime for De Facto Couples in Croatia: International Jurisdiction and Applicable Law 1 Introduction 2 Development of Legislation on De Facto Couples in Croatia 2.1 Legislative Developments on Substantial Level 2.2 Legislative Developments on Private International Law Level 2.2.1 Starting with the Interlocal Conflict of Law Provisions 2.2.2 to Reach the Most Progressive Codification of PIL of Its Time Law Applicable to De Facto Cohabitation (of Heterosexual Couples) International Jurisdiction for De Facto Cohabitation (of Heterosexual Couples) 3 New Croatian PILA (2017) 3.1 Law Applicable to De Facto Partnerships 3.1.1 Law Applicable to Establishment and Termination of De Facto Partnerships 3.1.2 Law Applicable to Personal Relations in De Facto Partnerships 3.1.3 Law Applicable to Property Relations in De Facto Partnerships Parties´ Choice of Applicable Law to Property Relations in De Facto Partnership The Law Applicable to Property Relations in De Facto Partnership in the Absence of Parties´ Choice 3.2 Jurisdiction for De Facto Partnerships 3.2.1 Concentration of Jurisdiction 3.2.2 Prorogation of Jurisdiction 3.2.3 Jurisdiction in the Absence of Prorogation 3.2.4 Jurisdiction for Counterclaims 4 Conclusion References Mediation in Cross-Border Matrimonial Property Disputes and Property Disputes of Registered Partners: Greek Law and Policy 1 Introductory Remarks 1.1 General Observations 1.2 Concept and Main Features of Mediation 1.3 Scope of the Chapter 2 Greek Policy on Mediation in Cross-Border Family Property Disputes of Spouses and Partners 2.1 Underpinnings of Mediation Regulation in Cross-Border Family Property Disputes 2.1.1 The First Mediation Act 2.1.2 The Second Mediation Act 2.2 Current Regime of Mediation Regulation in Cross-Border Family Property Disputes 2.2.1 The Third Mediation Act The Central Mediation Committee of the Ministry of Justice The Mandatory Initial Mediation Session The Regulation of the Mediation Process 3 Legal Issues of Mediation in Cross-Border Family Property Disputes 3.1 Issues of Applicable Law 3.2 Issues of Recognition and Enforcement of the Mediation Agreement 4 Processual Dimension of Mediation in Cross-Border Family Property Disputes of Spouses and Partners 4.1 Safeguards of Quality 4.2 Direct or Indirect Mediation 4.3 Single or Co-Mediation 4.4 Methods of Mediation: Bi-Cultural, Bi-Lingual, Bi-Gender and Bi-Professional Schemes 5 Concluding Remarks References Part II: European Law Section EU Trade Mark and Brexit 1 Introduction 2 Brexit 3 Brexit and IPRs 4 Brexit and the EU Trade Mark System 5 Enlargement 6 Anticipated Issues 6.1 Existing EUTMs 6.2 Use It or Lose It 6.3 Pending EUTM Applications and Other Procedures 6.4 Representatives 6.5 Enforcement 6.6 EUTM Licences 7 Developments Before the Withdrawal Agreement 8 Withdrawal Agreement 8.1 Representation 8.2 Title IV of the Withdrawal Agreement 8.2.1 Continued Protection of Registered EUTMs in the UK 8.2.2 Pending EUTM Applications and Other Procedures 8.2.3 Exhaustion of Rights 8.2.4 Enforcement 9 Future Relations 10 Conclusion Other Sources References Bibliography Part III: International Law Section From Rule by Law to the Rule of Law: Main Obstacles to Establishing the Rule of Law in Bosnia and Herzegovina 1 Introduction 2 Socio-Economic Specificities of the Former Yugoslavia 3 The Former Yugoslav Legal System: Rule by Law or RoL? 3.1 Judiciary and the Party Relations 3.2 Protection of Human Rights in the Former Yugoslavia 3.3 Efficiency of Institutional Control Over the Work of State Institutions 4 The Dissolution of the Former Yugoslavia and the Transition from the Rule-By-Law System to a System Based on the RoL in B&H 4.1 The Constitution of B&H and the RoL 4.2 The CB&H and Ethnic Exclusivism 5 Building the RoL in B&H: A New Constitution, the Same Obstacles 5.1 Relations Between the CCB&H (the Judiciary) and Political Parties in B&H 5.2 Efficiency of Human Rights Protection in B&H 5.3 Efficiency of State Institutions in B&H 6 Conclusion Case-Law References Characterisation of Cryptoassets as a Separate Category of Digital Assets 1 Introduction 2 Classification of Digital Assets 2.1 Financial and Non-Financial Digital Assets 2.2 Cryptoassets 2.3 What Does MiCA Regulate? 3 The Legal Nature of Cryptoassets 4 Concluding Remarks References