Domeniul de aplicare al Regulamentului (UE) 650/2012 privind competenț a, legea aplicabilă, recunoaşterea ș i executarea hotărârilor judecătorești
Scope of Regulation (EU) 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authenti

Summary/Abstract: Private international law is, par excellence, a patchwork, a space of confluence; it is by no means a homogeneous space. By virtue of its rules, it is a permanent invitation to dialogue. It is a space where different mentalities, traditions, and cultures (civilisations) meet. The diversity of these juridical cultures and traditions and the differences among them is what lends beauty and colour to this space. Private international law constantly invites us to travel, to engage in dialogue with all these traditions and customs, to get to know them and to influence them or even to allow ourselves to be influenced by them. In other words, it invites us to make them bear fruit at home, too, and in this manner to enrich ourselves. But it also means so much more than this: it means a continuous and constant invitation to tolerance. Tolerance towards our fellow human beings, towards their traditions and customs, and, ultimately, tolerance towards ourselves. Private international law thus invites us to embark on a journey, the comfort and safety of which depend, to a large extent, on the attitude we have towards the “representatives” of these cultures, at home, on the way in which we try to understand them, to tolerate and accept them… It is a journey through space, par excellence. However, it depends on how we observe and perceive this journey: as “foreigners” or as something representing “something different” from what we were used to, but which makes us complete, something that can, however, belong to us, which, once it is admired and respected, becomes part of ourselves, part of our ego and soul. In this study, the author deals with aspects connected with the application of the (EU) Regulation No. 650/2012 regarding competence, applicable law, the recognition and execution of court decisions and the acceptance and execution of the authentic deeds in the field of successions and regarding the creation of a European heir certificate (publ. in the Official Journal L 201, 27/07/2012 pp. 0107-0134). The study takes into account issues connected with the material and spatial field of application, including the application of the regulation in time. Also, the study analyses the regulation’s international competence rules, differentiating between the competence of the courts and that of the notaries public. The competence rules of the regulation are not applicable in the case of Romanian notaries public, because they do not exercise judicial powers, the notarial succession procedure taking place exclusively before the notary public and thus not being under the control of the courts of law. The notarial offices have different forms of organisation within the member states, following, generally speaking, the competence laws provided for this purpose by each member state.

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