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

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.