Evropska potvrda o nasleđivanju

Čolović, Vladimir (2013) Evropska potvrda o nasleđivanju. Evropsko zakonodavstvo, 12 (43-44). pp. 83-96. ISSN 1451-3188

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Abstract

Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 authentic instruments in matters of succession and on the creation of a European Certificate of Succession will be applied on cross-border matters of succession. The basic objective of this act is to regulate the succession of a deceased person by one law. If not otherwise, the law will be applied by the place of residence of the deceased person at the moment of his death. However, there is also a possibility of choice of law for a testator. Besides, this act regulates jurisdiction, while general jurisdiction is defined by the place of residence of the deceased person (testator) at the moment of his death. The Regulation creates a European Certificate of Succession as a document that will enable a certain person to prove that he is a heir, legatee, executor of a will or administrator of the estate throughout the EU. This document should contribute to overcoming problems related to possession of estate in other Member States considering that every Member State applies its own rules on succession. The Regulation defines the contents as well as all matters of issuing, validity, suspension and effects of this Certificate. The Regulation shall enter into force on 17 August 2015 and from that day issuing and use of a European Certificate of Succession will be created.

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