Lex Partis blog
Practical articles for legal professionals on the inventory, division and adjudication of movable property in judicial partition proceedings.
EU Regulation 650/2012: applicable law in cross-border successions
How to identify the applicable law and competent jurisdiction when the deceased or the assets span several Member States.
FeaturedGDPR applied to partition case files: minimisation, legal basis and retention
What to process, for how long and on what legal basis when handling personal data of the parties and the inventoried assets.
Cross-border civil mediation in the EU: framework, advantages and limits
How Directive 2008/52/EC fits into a partition spanning several Member States and when it is wise to mediate before litigating.
Independent valuation of movable assets: when to commission it and how to assess it
Criteria to decide when an independent appraiser is essential, which methodologies to use and how to integrate the report into the case file.
Digital archival of records: preserving evidence for decades
Formats, signatures and preservation strategy so that a record signed today remains verifiable twenty years from now.
Verifiable lotteries: why HMAC-SHA256 beats drawing names from a hat
How a cryptographically verifiable lottery works, how it differs from a manual draw and why it is the safest way to fix the order of choice in a partition.
Hash chain and append-only logs: cryptographic traceability of the case file
Why an audit log with chained hashes makes any later alteration of a partition procedure history mathematically detectable.
Anatomy of a professional adjudication record
Structure, minimum content and frequent mistakes in the document that closes the distribution and serves as the basis for subsequent registrations.
How movable assets are distributed: from inventory to adjudication
Panoramic view of the full path of a partition: inventory, valuation, capture of preferences, lottery and adjudication.
Auction of indivisible assets: when and how to resort to it
Mechanism, guarantees and alternatives to auction when one or more assets do not allow physical division or sole-party adjudication.
The lawyer's role in the partition procedure
Functions, tools and critical moments at which legal assistance makes the difference between a smooth partition and a contentious one.
Inventory good practices: ten decisions that prevent disputes
Ten operational decisions that distinguish a robust inventory from one that will cause problems later on.