ELEMENTE DE NOUTATE ADUSE PROCEDURII SUCCESORALE NECONTENCIOASE PRIN PRISMA REGULAMENTULUI UE NR. 650/2012
ELEMENTS OF NOVELTY REGARDING NON-CONTENTIOUS SUCCESSION PROCEEDING IN VIEW OF THE REGULATION (EU) NO 650/2012

Summary/Abstract: The author presents elements of novelty regarding non-contentious succession proceeding considering the implementation of Regulation (EU) No 650/2012 applying to the succession of persons who die on or after 17 August 2015. The article’s structure and content reveal commentaries on the scope of Regulation, on jurisdiction, on applicable law governing succession matters in the EU, and on the creation of a European Certificate of Succession, considering doctrine elaborated by important names in the field of national and international law (D.A. Popescu, I. Olaru, M. Revillard). The major innovation of creation of a European Certificate of Succession provides legal certainty to beneficiaries of international successions (the heirs, legatees, executors of the will or administrators of the estate), avoids conflicting decisions and simplifies proceedings. It thus makes it easier for beneficiaries in another EU country to enjoy the rights which have been granted or transferred to them by succession. In this article, the author also treats with the notary competence in dealing with successions with cross-border implications, once the habitual residence of the deceased was determined. Finally, the author makes brief considerations, from the perspective of a Romanian notary, on the practical benefits of the creation of a European Certificate of Succession in non-contentious proceeding regarding the implementation of the 17th of August 2015 of Regulation (EU) No. 650/2012.

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