Advantages and disadvantages of professio iuris in the European Sucession Regulation 650/2012

Abstract

Article 22 of European Sucession Regulation states that a person may choose his national law as the law applicable to govern his succession. This possibility, expression of the principle of autonomy, is refered to as professio uris. The chosen law prevails over all other laws applicable to the succession, in accordance with European Sucession Regulation. For the majority of the Eu- ropean Union Member States participant to European Sucession Regulation, this is indisputably one of the most significant novelties brought in by new conflict of laws rules in matter of succession. However, the choice offered by the European Sucession Regulation is limited: a person can only choose the law of the State whose nationality he possesses at the time of making the choice or at the time of death. Professio iuris can be considered a double-edged sword, depending upon how its use is viewed, wether from the point of view of the person whose succes- sion is concerned or from that of the beneficiaries to the inheritance.Therefore it is necessary to study the advantages and disadvantages of professio iuris.