Does the European Certificate of Succession Ensure the Direct Exercise of Successor Rights in Member States of the European Union
Does the European Certificate of Succession Ensure the Direct Exercise of Successor Rights in Member States of the European Union

Author(s): Diana-Geanina Ionaş
Subject(s): Constitutional Law, EU-Legislation
Published by: Scientia Moralitas Research Institute
Keywords: Regulation; cross border succession; European Certificate of Succession
Summary/Abstract: ABSTRACT: The European Certificate of Succession (ECS) represents the tool which allows successors, legatees, will executors or administrators of the successor goods to prove their statute and exercise their rights in another member state of the European Union. Its main objective is the direct exercise of successor rights in member states. However, in Romania, the issue of an ECS by the public notary requires the previous or simultaneous issue of a national inheritance certificate. Also, in Romania, even if the heir presents an ECS issued in another member state, his rights over immobile goods will only be acquired by registration in the cadastral register, an operation which does not register in the ECS database, as this is not an authenticated document. The current paper aims to analyze the utility and possibility to implement the ECS, in relation to national legal provisions.

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