THE FIRME COMMITMENT OF THE EUROPEAN UNION TO THE HARMONIZATION OF CROSSBORDER SUCESSIONS

Authors

  • BENDITO CAÑIZARES, Mª TERESA

Keywords:

SUCCESSION HAVING CROSS-BORDER IMPLICATIONS, COURT, LAND REGISTERS, NOTARIES, NATIONALITY, HABITUAL RESIDENCE, PROFESSIO IURIS, DISPOSITION OF PROPERTY UPON DEATH, WILL

Abstract

The bet that the European Union made twelve years ago for a comprehensive regulation of successions with cross-border implications, in order to harmonize this area of the European area of justice with so close ties to persons, will be put to the test as of 17 August 2015, when Regulation 650/2012 comes into force. One only law (either chosen by the individual or not) applicable to the whole of the succession (either testamentary or intestate), by one only competent authority, together with toned-down proceedings for the recognition and enforcement of decisions, authentic instruments and court settlements, and a brand new European Certificate of Succession, are the elements used by the Regulation to provide the deceased and parties concerned with a trustable comprehensive legal framework, in this way facilitating the free movement of persons throughout the European area.

Published

2015-08-31

Issue

Section

DERECHO COMPARADO, ESTUDIOS

How to Cite

THE FIRME COMMITMENT OF THE EUROPEAN UNION TO THE HARMONIZATION OF CROSSBORDER SUCESSIONS. (2015). Critical Review of Real Estate Law, 750, 2017 a 2089. https://rcdi.tirant.com/rcdi/article/view/1522