Short legal foray on the european certificate of succession

• Author: Veronica Stoica - Gabriela Dumitrache
• Position: Alexandru Ioan Cuza' Police Academy, Romania - Notary public, Bucharest Chamber of Notaries Public, Romania
• Pages: 96-105

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

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

No. 2 (2017), pp. 96-106

SHORT LEGAL FORAY ON THE EUROPEAN CERTIFICATE OF SUCCESSION

V. Stoica, G. Dumitrache

Veronica STOICA

“Alexandru Ioan Cuza” Police Academy, Romania

*Corespondence: Veronica Stoica, 1A Privighetorilor Alley, Bucharest, Romania,

E-mail: verostoica@yahoo.com

Gabriela DUMITRACHE

Notary public, Bucharest Chamber of Notaries Public, Romania

*Corespondence: Gabriela Dumitrache, 1A Privighetorilor Alley, Bucharest, Romania

E-mail: gabriela.dumitrache.ene@gmail.com

ABSTRACT

The structure and content of the article describe the considerations relating to the premises of

the European Heir Certificate, the juridical concept, character, purpose and not only the

probative value and effects of this European document in the light of Romanian and

international specialized literature, but also from the point of view of notarial practice.

KEYWORDS: European Certificate of Succession, Regulation, probative value, effects.

INTRODUCTION

The increase of the international inheritance due to the growing international mobility of

persons and capital was the reason why the European legislator conceived EU Regulation No.

650/2012, whose aims are to facilitate the settlement of inheritance with foreign elements.

These rules adopted at European level are purposeful reduction of legal difficulties arising in

the event of death of a person who owns property in another EU Member State. The major

innovation of the creation of a European Heir Certificate appears from well defined goal of

proving the status of heir, legatee and the duties of executor or administrator of the

inheritance into another Member State.

I. THE PREMISES OF THE EUROPEAN CERTIFICATE OF SUCCESSION

CONSECRATION(ECS)

Over the years, internationally supported efforts were undertaken in order to harmonize the

right of inheritance

1

and countless legal instruments adopted in this endeavor. We recall, in

this regard, the Hague Conference on Private International Law, an organization established

precisely which came into being for the purpose of harmonizing the rules of private

international law worldwide.

The Hague Conference on Private International Law has devoted an important part of its

concerns to issues raised/specified by the regulation of cross-border succession through four

reference documents

2

:

 Convention of 5 October 1961 on the Conflicts of Laws Relating to the Form of

Testamentary Disposition

1

http://ec.europa.eu/civiljustice/applicable_law/applicable_law_int_ro.htm, consultat la 20 septembrie 201 7

2

For more details see Mariel Revillard, Drept Internațional Privat și Comunitar. Practică Notarială. Prefață de

Paul Lagarde. Ediția a 6-a, Editura Notarom, 2009, pag. 240-244