COMPARATIVE ASPECTS BETWEEN THE CERTIFICATE OF SUCCESSION IN THE ROMANIAN LEGISLATION AND THE EUROPEAN CERTIFICATE OF SUCCESSION
COMPARATIVE ASPECTS BETWEEN THE CERTIFICATE OF SUCCESSION IN THE ROMANIAN LEGISLATION AND THE EUROPEAN CERTIFICATE OF SUCCESSION

Summary/Abstract: The Certificate of Succession shall provide proof of the capacity of heir and of the right of ownership of the universal heirs and of the universal right of ownership over the share due to each of them, namely that of the legatee in a particular capacity over the single assets. A succession with a foreign element in the European Union may be resolved in an effective manner if the heirs, legatees, executors of the will or administrators of the estate prove their status and/or powers in another Member State, for example in a Member State in which the succession property is situated. In the doctrine it was mentioned that it is possible that the foreign element, being an essential condition, should not be present from the date of the initiation of the succession procedure, but should appear later, which means that a European certificate of inheritance can be issued in a succession file in which a certificate of national inheritance has already been issued. This communication aims to highlight the comparative aspects between the two certificates regarding: competence, determination of the applicable law, duration and their purpose.

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