Prorogation of jurisdiction and habitual residence in the European succession regulation: romanistic foundations

Abstract

This paper analyses two of the international grounds of jurisdiction provided for in the European Succession Regulation: 1)prorogation of jurisdiction within the margins permitted by the regulation and 2) habitual residence of the deceased at the time of death, both in the RES and in Roman Law and its interpretation by the jurists of the reception; highlighting the conducts susceptibles of being considered as a tacit submission, the requirements and effects of a choice of court agreement, the concept and elements of the domicile and residence in the RES, in Roman Law and its subsequent evolution, as well as the revealing indicators of the domicilium and habitual residence in a certain place, with the aim of offering interpretative criteria applicable to the cases that may arise nowadays..