European Certificate of Inheritance
European Certificate of Inheritance

Author(s): Cristina Ramona Duță
Subject(s): Civil Law, EU-Legislation
Published by: Scientia Moralitas Research Institute
Keywords: Romanian Civil Code; European Certificate; inheritance;
Summary/Abstract: This paper aims to analyze the intricate matters surrounding the succession of deceased persons who have their nationality and last residence in one of the countries of the European Union, but have assets (e.g., real estate) located in Romania. It is important to determine which law applies to the succession, which court or notary public is qualified to settle a succession case with a foreign element. For a succession with an element of foreignness within the European Union to be effectively managed, heirs, legatees, executors of wills or administrators of the estate must be able to easily prove their status and/or competences in another Member State, such as the Member State where the succession assets are located. The proper functioning of the internal market is facilitated by removing obstacles to the free movement of persons who might face difficulties in exercising their rights in the context of a succession with foreign elements. In the European area of justice, citizens must be able to organize their succession in good time. The rights of heirs and legatees, other persons close to the deceased and creditors of the succession must be effectively guaranteed.

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