Extraneity Elements Inheritance
Extraneity Elements Inheritance

Author(s): Andreea-Lorena Codreanu
Subject(s): Civil Law, EU-Legislation
Published by: Scientia Moralitas Research Institute
Keywords: applicable law; successions; competence; residence
Summary/Abstract: In matters of succession, the European Union has set itself the objective of maintaining and developing an area of freedom, security and justice in which the free movement of persons is ensured, adopting thus measures relating to judicial cooperation in civil matters having cross-border implications, to facilitate the understanding of foreign law. This is also the rationale behind the provisions of Regulation (EU) No. 650/2012 designed to ensure that conflicting judgments are avoided in EU Member States. According to this European legal act, the European Certificate of Succession issued under the Regulation should constitute a valid act for the registration of succession in the registers of another Member State. This is not mandatory since the national authorities are the ones that may impose additional procedures and formalities.

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