Naslov
What we have achieved with a European Certificate of Succession? A view from Croatia and Slovenia

Autori
Aras Kramar, Slađana

Izvornik
Acta Universitatis Lucian Blaga. Iurisprudentia (1582-4608) XVIII (2019), 2; 147-170

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
European Certificate of Succession, Succession Regulation, procedure

Sažetak
As a desire to enhance the fundamental principles on which the EU is based, the European Certificate of Succession was created by the Regulation (EU) No. 650/2012 of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession. The purpose of introducing the Certificate is to ease the legal position of heirs, legatees, executors of wills and administrators of the estate. This paper will try to answer the question of what we have achieved with the Certificate, especially taking into account a Croatian and Slovenian perspective. First, the issuance of the Certificate and appropriate procedure for it will be analysed. Then, the questions of the contents and effects of the Certificate, as well as the use of the European form of the Certificate will be discussed. Especially, the so-called defective Certificates, the Certificates issued in another Member State in which the immovable property is not described in the way required by the lex fori of the Member State of land register will be analysed and discussed. The analyses and discussions in the paper will be based, inter alia, on the collected data of the empirical research conducted on the application of the Succession Regulation in Croatia and Slovenia (2019).

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA