Aspects of private law which are not enforced by the regulation (eu) no. 650/2012

• Author: Ioana Nicolae
• Position: Law Faculty, Law Departament Transilvania University, Brasov, Romania
• Pages: 61-68

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

ISSN 1843-570X, E-ISSN 2067-7677

No. 4 (2015), pp. 61-68

61

ASPECTS OF PRIVATE LAW WHICH ARE NOT ENFORCED BY THE

REGULATION (EU) No 650/2012

I. Nicolae

Ioana Nicolae

Law Faculty, Law Departament

Transilvania University, Braşov, Romania

E-mail: ioana.nicolae@unitbv.ro

Abstract: A novelty element which concerns even Romanian citizens is the enforcement of

Regulation (EU) no 650/2012. Although the area of enforcement of the regulation should

include all aspect of civil law regarding a deceased person’s patrimony, certain aspects were

deliberately left out from the enforcement area of this regulation, as the questions governed

by the law of companies or relating to matrimonial property regimes. To illustrate the effects

of the death of an associate in a company, we will provide a short comparative presentation

of the continuance of the collective society with the heirs of the deceased partner as regulated

by Law no 31/1990 regarding Romanian companies as opposed to the French Civil Code.

Also, our brief analysis of the Proposal for a Council regulation on jurisdiction, applicable

law and the recognition and enforcement of decisions in matters of matrimonial property

regimes, may shed some light on what is to come in matrimonial property regimes.

Key-words: succession, inheritance, companies, matrimonial regimes, choice of governing

law, comparative law.

The regulation of succession law is different from one state to the other within the

European Union, as there is no unified succession regime, thus allowing each state to enforce

its own system in regard to succession, according to its notational traditions in this area; the

succession regime may be one of the most stable components of civil law.

In spite of the local specifics, national tradition in regard to succession, at least within

the great Roman-German system of law, have the same origin, as the two main pillars of

European continental civil law - French law and German law - derive from Roman law

1

.

A novelty element which appears in the European continental system, which concerns

Romanian citizens who own goods or have a usual residence in another member state, is the

enforcement of Regulation (EU) no 650/2012

2

in case of succession which began on the date

of August 17th, 2015 or after this date

3

.

The purpose of this regulation is that the citizens can organize their succession in a

timely manner, mostly in regard to the law that applies to the inheritance; also, it aims to

1

See V. D. Zlătescu, Panorama of the great contemporary systems of law, „Continent XXI” Publishing House,

Bucharest, 1994, p. 29.

2

Regulation (EU) no 650/2012 of the European Parliament and the Council of July 4th, 2012 regarding the

competence, the law wh ich applies, the acknowledgement and execution of legal decisions and a ccepting and

executing authentic documents regarding succession and the creation of an European heir’s certificate,

published in the Official Bulletin of the European Union, L 201, of 27. 7.2012, p. 107-134.

3

According to alignments (2) - (4) of article 83 of the Regulation, these provisions will be applied in certain situations even i f the

law which applies was chosen before August 17th, 2015.