(24a) To take account of certain rules of the Member States, in particular those for protection of the family home and for assigning rights of use in relations between the spouses, this Regulation should not prevent the application of overriding mandatory rules by the court before which a matter is brought, and should therefore allow a Member State to set aside the application of a foreign law in favour of its own.

To the extent that, under the law applicable to the succession pursuant to this Regulation, there is no heir or legatee for any assets under a disposition of property upon death and no natural person is an heir by operation of law, the application of the law so determined shall not preclude the right of a Member State or an entity appointed for that purpose by that Member State to appropriate under its own law the assets of the estate located on its territory provided that the creditors are entitled to seek satisfaction of their claims out of the assets of the succession as a whole.

However, it should be the law specified by this Regulation as the law applicable to the succession which should determine whether gifts or other forms of dispositions inter vivos giving rise to a right in rem prior to death should be restored or accounted for for the purposes of determining the shares of the beneficiaries in accordance with the law applicable to the succession.

1. Where the appointment of an administrator is mandatory or mandatory upon request under the law of the Member State whose courts have jurisdiction to rule on the succession pursuant to this Regulation and the law applicable to the succession is a foreign law, the courts of that Member State may, when seised, appoint one or more administrators of the estate under their own law, subject to the conditions laid down in this Article.

between a clause 16 council law and any federal statute or federal regulation: the federal instrument was to prevail, with one prescribed exception related to specific regulations under the Indian Act (clauses 16(2)-(3)). Accordingly, a band law would not have prevailed over, for example, conflicting regulations under the Fisheries Act;

Counsel had questioned the validity of section 41(1) of the regulations, which provides that those persons and bodies mentioned in the subsection " shall collect, use and disclose any information and records necessary for the purposes of carrying out their powers and duties in accordance with, and for the purposes of, the administration and enforcement of the Act, these Regulations, the Canada Student Loans Act, and any regulations made thereunder'.