Public policy and European Succession Regulation

Abstract

INTERNATIONAL PUBLIC POLICY AND THE EUROPEAN SUCCESSION REGULATION. This study deals with the operation of the so called public policy exception to the operation of the conflit of laws rules set out in the European succession Regulation 650/2012. This is a complex legal text designed for a complex and internationalized society. Not only is public policy an exception to the standard conflict of law rules, but also it reflects a national nature. These elements make the public policy clause a potential danger to the European Succession Regulation itself. In fact, public policy may lead to the application of different laws to the same case. Some areas of law are examined with this purpose: contracts for succession, legitima portio and forced heirs, the «family provisions» under English Law, joint wills, trusts, death and legal discriminations as governed by some Muslim laws. This paper also deals with the distinction between international public policy and internationally manda- tory legal rules as well as the emergence of a potential European Public policy as a new concept in the world of Private International Law.