SOME CONSIDERATIONS REGARDING THE SUCCESSION PROCEDURE WITH EXTRANEOUS ELEMENTS
SOME CONSIDERATIONS REGARDING THE SUCCESSION PROCEDURE WITH EXTRANEOUS ELEMENTS

Summary/Abstract: Respecting the right to freedom of movement, the existence of a real phenomenon in terms of labor migration, consolidation of ownership and the existence of several provisions both internally and in the international on successions with cross – border elements, required an approach applicable in the field, both by practitioners and theorists of law. This paper aims to analyze and highlight the solutions offered by the law in matters of international succession legislation regarding the competences for solving, applicable law, the relation between legal norms incidents, the use of documents of foreign origin in the succession procedure, as well as aspects of the procedure for issuing the European succession certificate. The existence of specific national legislation, the formation of European legislation on succession, respecting the rights of EU citizens and the ratio of these extra rules and international law and bilateral treaties or conventions in matters of succession raises some procedural problems. This paper aims to identify these problems and to present solutions offered by practice and doctrine.

• Details
• Contents