Regulamentul European privind succesiunile și conflictul de legi - o analiză critică a aplicării în statele membre -
The European Regulation on Successions and Conflict of Laws - a critical analysis of the implementation in the member states -

Summary/Abstract: Regulation (EU) No. 650/2012 of the European Parlament and of the Council, applicable since 17 August 2015, represents a legal instrument aimed at harmonizing the rules governing cross-border successions within the European Union. It regulates matters such as jurisdiction, applicable law, recognition of decisions and authentic instruments, and introduces a novel tool – the European Certificate of Succession. However, the application of the Regulation across Member States has revealed various legal and practical difficulties. One of the most significant issues is the interpretation and determination of habitual residence, which lacks a uniform definition and has led to divergent approaches in judicial and notarial practice. Furthermore, the integration of EU succession law into national legal systems has proven problematic where succession-related legal concepts are deeply rooted in differing legal traditions (e.g., between civil law and common law jurisdictions). In conclusion, although Regulation No. 650/2012 marks a significant step forward in the area of European civil judicial cooperation, its uneven implementation underscores the need for consistent judicial interpretation by the Court of Justice of the European Union and continued training of legal professionals. Effective harmonization remains a goal that depends on the adaptability and compatibility of national legal systems.

• Details
• Contents