Problems in Private International Law between Germany and Mexico

Abstract

If each state has its own conflict rules, then the same factual situation may be governed by different laws, depending on the courts deciding the case. In matters of succession, there are no uniform rules in the relationship between Germany and Mexico. Within the framework of the European Union, there is an increasing unification of conflictof-laws rules. Regulation (EU) No. 650/2012 regulates international jurisdiction, applicable law, and the recognition and enforcement of judgments in matters of succession. Based on these provisions, an analysis will be made of the declaration of heirs adopted by a german court in the case of a mexican woman who dies in Germany, leaving assets in Germany and in México, and in the reverse case. It will also be questioned whether these judgments can be recognized in Mexico with respect to assets located there. In the first case, the court will apply german law to the entire estate; in the second case, on the other hand, the estate will be fragmented, applying to the assets located in México the law of this State, while, with respect to the assets located in Germany, partial remission to german law...