REGULATION NO. 650/2012 VERSUS REGULATION NO. 2201/2003. MEASURES RELATED TO SUCCESSION OR PARENTAL RESPONSIBILITY?
REGULATION NO. 650/2012 VERSUS REGULATION NO. 2201/2003. MEASURES RELATED TO SUCCESSION OR PARENTAL RESPONSIBILITY?

Summary/Abstract: In the context of freedom of movement in European Union, successions with crossborder implications have already generated juridical and practical difficulties, even more enhanced in case of successions involving minor heirs, sometimes without legal representation. In this last hypothesis, a guardian ad litem is necessary to be appointed. The act of designation itself, as well as the subsequent acts concluded by the guardian (e.g., inheritance settlement agreements), generated discussions concerning their legal qualification (measures related to succession or measures related to parental responsibility), with direct consequences concerning juridical instruments applicable. There is a competition between two legal instruments of secondary law of the European Union, equally directly applicable and mandatory, respectively Regulation no. 650/2012 in matters of successions and Regulation no. 2201/2003 in matrimonial matters and matters of parental responsibility. Given that the two mentioned regulations contain different sets of provisions (which therefore generate different consequences), identification of the applicable legal instrument has an obvious importance, especially since cases that call into question this aspect have already begun to appear relatively often in practice.

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