European certificate of succession-necessity or opportunity

Author:Crina Alina Tagarta
Position:Master Studies, European law and public administration, Faculty of Law, Danubius University, Romania
Pages:59-65
SUMMARY

This paper aims at analyzing the chosen theme to all intents and purposes, yet emphasizing the extent of harmonization between national rules and EU regulations. The paper is based on the expertise in succession field, national and European notary regulations and also on the few published works within the field. Practical appearances noticed during the succession procedure containing a foreign... (see full summary)

 
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Legal Sciences in the New Millennium
59
European Certificate of
Succession Necessity or Opportunity?
Crina Alina Tagarta
1
Abstract: This paper aims at analyzing the chosen theme to all intents and purposes, yet emphasizing the
extent of harmonization between national rules and EU regulations. The paper is based on the expertise in
succession field, national and European notary regulations and also on the few published works within the
field. Practical appearances noticed during the succession procedure containing a foreign element and the
research in this field of interest were approached. The paper draws attention upon the possibility of the
European Union residents to make succession arrangements beforehand and it determines that European law
efficiently guarantees the rights of the inheritors, legatees and succession creditors. The object of this p aper,
yet of little repute within the national professional literatu re, meets the requirements of either the public
notaries or any interested person within the European Union. Through the presented perspectives, the
discovery of certain scanty aspects of the related regulations and the resolutions for their coping, the paper
shall step forward to earning the citizens‟ trust in the Public Notar y institution, emphasizing a new
perspective upon European succession.
Keywords: Member States; heirs; European regulations
1. Introduction
Notary practice has proven that the debate of a succession with an element of extraneity raises serious
difficulties as the States of the European Union have extremely diverse internal laws and regulations
applicable to law conflicts. Moreover, the difficulty of an international succession debate also resides
in the existence of a multitude of authorities which may be notified in such cases.
Therefore, the European Commission, together with the notary offices of the Member States of the
Union have outlined the need to harmonize legislation in this field, starting with the conflict
regulations in the European Union and ending with the training of those who are faced with
international successions, namely, notaries public. Consequently, the European Parliament and
Council adopted on the 4th of July 2012, at Strasbourg, Regulation (EU) no. 650/2012 which stipulates
the creation of the European Certificate of Succession, applicable as of the 17th of August 2015
(Council, 2014).
2. Practical Aspects
In order to identify the objectives of this Regulation and the new principles it introduces, we shall
analyze hereinafter several practical aspects regarding the current settlement of an international
succession.
1 Master Studies, European law and public administration , Faculty of Law, Danubius University, Romania, Address: 3 Galati
Blvd, Galati 800654, Romania, Tel.: +40372361102, fax:+40 372361292, Corresponding author: crinatagarta@yahoo.com.

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