We all know that people’s lives are constantly shaped by the changing times and still would like to believe that globalization is without boundries. However, the linguistic, cultural, mentality-related and, above all, legal differences that are firmly rooted within Europe, both nationally and internationally, remain in place. And that is a good thing, just like the “rediscovery“, at a political level, of the priority of national identities. The Anglo-American anthropologist Gregory Bateson perfectly summed up the only correct way to deal with this. He said, “Wisdom is developed by the true sharing of differences without the pressure or the intention to change them.”

EU regulations do ensure uniform standards across the EU, without, however, changing the major differences. Not infrequently this can lead to intentionally curious results. Example: A German national who was last resident in Italy now comes into an inheritance according to Italian law. The differences between German inheritance law, with which he is more familiar, and Italian inheritance law, which is foreign to him, are enormous. This applies to all areas of law. Particularly in cross-border cases, therefore, the delicate problem of being right and obtaining what is yours by right is especially important: Which courts have jurisdiction and which law must be applied? In actual fact, it is not uncommon that a German court is called on to apply Italian divorce, property or maintenance laws, i.e., foreign legislation. What is to be done if an Austrian court reaches a decision and this decision is to be recognised or enforced in Germany or Italy? And what is the point of seemingly convenient construction proceedings in Germany if the property at issue is located in Italy or Austria?