EUROPEAN CERTIFICATE OF SUCCESSION
DOI:
https://doi.org/10.15837/aijjs.v13i2.3803Abstract
The newly created European Certificate of Succession is applicable in almost the entire EU. It is primarily used to verify an heir’s status and is designed to serve alongside the existing national inheritance certificates (such as the German Erbschein), making it easier for heirs to settle inheritance matters abroad. This EU Succession Regulation does not, however, affect the provisions of individual Member States in the areas of substantive inheritance law (e. g. the question of who is a legal heir) and inheritance tax law. This paper aims to analyze how the regulation of the European inheritance certificate interacts with the regulation of the national inheritance certificate. Thus it does not replace documents such as the Romanian inheritance certificate but is rather a supplementary inheritance document.References
Alexandra Irina Danila, Andrada Raluca Tanse, Decision of the Court of Justice of the European Union in case c-20/17 and its impact on the issuance by the notaries of the internal certificates of heir, based on the law no. 36/1995 of the notaries public and of the notarial activity, available at https://buletinulnotarilor.ro/decizia-curtii-de-justitie-a-uniunii-europene-in-cauza-c-20-17-si-impactul-acesteia-asupra-eliberarii-de-catre-notari-a-certificatelor-interne-de-mostenitor-in-baza-legii-nr-36-1995-a-notarilor-publ/;
Cosmin Dariescu, The European Conflict Norms regarding the inheritance and the European Certificate of Succession, article available at https://www.academia.edu/16703430/NORMELE_CONFLICTUALE_EUROPENE_PRIVIND_MO%C8%98TENIREA_%C8%98I_CERTIFICATUL_EUROPEAN_DE_MO%C8%98TENITOR;
Ion P. Filipescu, Private International Law, Vol. II, Actami Publishing House, Bucharest, 1995;
Ioana Olaru, European law of international successions. Practical Guide, Notarom Publishing House, Bucharest, 2014;;
Bogdan Pătrașcu, Ilioara Genoiu, Some reflections on the functions of the inheritance certificate, including the European certificate, in LEGAL STUDIES AND RESEARCH Year 5 (61), Nr. April 2 - June 2016;
Dan A. Popescu, Guide of private international law in the field of successions, Notarom Publishing House, Bucharest, 2015;
Mariusz Załucki, Attempts to Harmonize the Inheritance Law in Europe: Past, Present, and Future, 103 Iowa L. Rev. 2317 (2018), article available at: https://ilr.law.uiowa.edu/print/volume-103-issue-5/attempts-to-harmonize-the-inheritance-law-in-europe-past-present-and-future/.
