Právnická fakulta UMB

Trvalé URI pre túto komunitu

hdl:123456789/25

Prehliadať

Teraz sa zobrazuje 1 - 4 z 4

Application of EU member states’ decisions on succession rights to immovable property in the Slovak Republic
(De Gruyter Poland : Warsaw, 2026) Barancová, Andrea
The article examines notarial activity in succession proceedings involving immovable property after the application of Regulation (EU) No 650/2012. Its aim is to assess how decisions issued in other EU Member States concerning succession rights to immovable property are applied in the Slovak Republic and whether the Regulation has fulfilled its purpose in this area. The paper combines doctrinal legal research with practice-based analysis, drawing on the author’s more than fifteen years of professional experience as a notary and on an academic examination of relevant Slovak legislation, EU law, case law, and selected comparative solutions since 2015. The analysis identifies practical and legal difficulties related in recognising foreign succession decisions and registering rights in public registers. It concludes that, despite the Regulation’s unifying purpose, significant uncertainties remain and further clarification is needed at both EU and national levels.
Legal and practical implications of digitizing the Slovakian cadastre: challenges and opportunities
(Publishing House VD "Dakor" : Kyjev, 2024) Barancová, Andrea; Saktorová, Ľubica
Background: Acquiring ownership rights to real estate in Slovakia is complex and frequently encounters hurdles. The formal procedures governing this process can be stringent, resulting in challenges when transferring ownership rights. This article critically evaluates the obstacles and potential advantages as the Slovakian Cadastre shifts towards a digital system. The authors also explore the scope of contractual freedom and governmental intervention in acquiring property rights alongside recent challenges encountered by the digitalized system under both Slovakian and European law. The study analyses the theoretical framework guiding decision-making by Slovak administrative authorities in cadastral proceedings, underscoring the critical role of formal legal procedures in ensuring legal certainty and stability. Additionally, the research underscores the importance of accurately registering changes to property rights within the digitalized real estate registration system to uphold the integrity and transparency of title records. Methods: The research follows a qualitative methodology, employing various qualitative methods, including historical description and analysis, in-depth document analysis, inductive method, comparative analysis, and case studies rooted in legal theory, administrative law and property law. It may utilise conceptual frameworks like legal certainty and stability to inform its examination. The methodology may not involve empirical data collection or statistical analysis but rather a critical examination of the existing legal framework and theoretical perspectives. Results and conclusions: Acquiring ownership rights to real estate in Slovakia is a complex process hindered by discrepancies between registered and actual property statuses, outdated maps and inaccuracies in parcel boundaries. The lack of clarity and precision significantly affects legal certainty and private property rights. In response, the Office of Geodesy, Cartography and Cadastre has proposed a comprehensive amendment to the Cadastral Act, aiming to update the classification of land, regulate electronic submissions, and simplify application processes. However, the proposed amendment may restrict public access to information contained in the Cadastre, which could negatively impact the exercise of property rights and the right to freely access information.
Strategic challenges of the EU succession regulation: same-sex marriages in light of C-713/23 and its implications for Slovak succession law
(Multidisciplinary Digital Publishing Institute : Basel, 2026) Saktorová, Ľubica; Barancová, Andrea
The judgment of the Court of Justice of the European Union in Case C-713/23, Wojewoda Mazowiecki, constitutes a significant development in the Court’s case law concerning the recognition of personal status acquired in another Member State. While the decision has primarily been discussed in the context of civil registration and the free movement of Union citizens, its implications for cross-border succession have received little scholarly attention. This article examines the consequences of the judgment for the application of Regulation (EU) No. 650/2012 on succession, with particular emphasis on Slovak succession law, which neither recognises same-sex marriage nor registered partnerships. Using doctrinal legal analysis and a contextual interpretation of the Court’s jurisprudence, the article argues that the judgment should be understood through the concept of functional recognition. Although Member States remain competent to regulate marriage, they may be required to recognise the legal effects of a same-sex marriage lawfully concluded in another Member State where such recognition is necessary to ensure the effectiveness of EU law. The article demonstrates that this approach may influence the determination of heirs, the status of the surviving spouse, matrimonial property settlement, and the legal effects of the European Certificate of Succession. It concludes that Slovak authorities should apply a functional, case-by-case assessment that reconciles national constitutional identity with the effective protection of rights guaranteed by EU succession law, thereby contributing to the broader debate on the interaction between national family law and European private international law.
Vplyv oddlženia fyzickej osoby na dedičské konanie
(Slovenská akadémia vied : Bratislava, 2026) Dzimko, Jakub; Barancová, Andrea; Ušiaková, Lenka
The discharge of debt of natural persons represents a contemporary phenomenon that, by its effects, significantly interferes with legal relations across almost all areas of law, including inheritance law. As a legal institution, the discharge of debt of natural persons also has a substantial impact on probate proceedings, particularly where the discharge concerns either the decedent or one of the heirs. The contribution analyzes the effects of debt discharge on the course of inheritance proceedings, considering both discharge through bankruptcy and discharge through a repayment schedule, with due regard to the legal framework outlined in the Bankruptcy and Restructuring Act and the Non-Contentious Civil Procedure Code. The authors employ a systematic and comparative analysis of legal provisions, as well as interpretative approaches developed in case law and legal doctrine. The conclusion emphasizes the importance of distinguishing between claims that are subject to discharge and those that are excluded from satisfaction. It claims to be unaffected by discharge, as well as the necessity of refining procedural coordination between insolvency and inheritance proceedings.

Prehliadať

Prehliadanie Právnická fakulta UMB podľa Autor "Barancová, Andrea"

Výsledky na stránku

Možnosti zoradenia