“Civil regional status”/“Vecindad civil” as a determining criterion for the implementation of the Balearic succession agreement called Definición and the impact of European law on this issue

Abstract

This paper addresses one of the figures of Balearic law, the Succession Agreement called Definición, and more specifically one of its requirements, the Mallorcan or Minorcan civil regional status of the donor. This aims to solve some problems that arise, as is the question of determining whether the requirement of civil regional status for the donor is still in force, despite the fact that the Voluntary or Contractual Succession Agreement of the Balearic Islands Act 8/2022 does no longer expressly state it, or whether this requisite ought to be in agreement with the system provided for by the European Succession Regulation (EU) No. 650/2012 for foreigners, which only seems to require habitual residence to this type of inheritance agreement. The question of determining the connecting criterion is not a minor issue, as it should also be taken into account in the implementation of other succession institutions of regional or special law, within a State that has several territorial units, each of which has its own laws of succession.