Consideraţii privind certificatul european de moştenitor
Considerations on the European certificate of inheritance

Summary/Abstract: The present work aims to analyze the European certificate of inheritance issue, in the light of the regulation proposal of the European Parliament and Council of the European Union regarding competence, applicable law, acknowledgment and enforcement of sentences and authentic documents in the field of successions, but also the creation of an European certificate of inheritance, from October 14th 2009. Moreover, there will be also presented the points of view expressed on such topic by specialized literature (which is not very comprehensive), but also by the Council of the Notariats of the European Union (CNUE). Thus, it will be possible to assess the advantages and disadvantages which the European certificate of inheritance involves, the appropriateness of its application, but also the difficulties of applying the regulation providing for such certificate. On the same occasion it will be pointed out the way in which the current Romanian legislation dealing with the field of inheritance certificate is currently harmonized with the regulation proposal under scrutiny. Under the circumstances in which article 5 of the Romanian Civil Code provides that the European Union legislation shall be applied with priority, we consider that our scientific article is equally actual and useful.

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