Competenţa jurisdicţională de drept internaţional privat în materia succesiunilor – forum necessitatis –
Jurisdiction in private international law in matters of succession – forum necessitatis –

Summary/Abstract: Forum necessitatis involves a legal case in which the judge from a foreign state but with an enough relationship with the factual background will be able to judge this case. Without any intention of exhausting the subject, this present study aims to analyze which are the requisites to apply this legal provision. The legal background is the Regulation (EU) no 650/2012 of the European parliament and of the Council of 4 July 2012 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. Moreover, on the one hand, the national and international court decisions play an important role in achieving the proposed goal of this study. On the other hand, I tried to create new imaginary cases in which the law would be used in order to emphasize some legal issues. Therefore, I analyzed each issue: the first fact is the absence of any other ground of jurisdiction, the second fact is about the circumstances determining the impossibility or the unreasonableness or conducting proceedings before the Courts of such a Third Country, the third fact is the international legal nature of the successions, the fourth fact is that the last residence of de cujus is in a non Member Sate of European Union and the last important fact is existence of a close connection of the case with a third country where the entertainment of an action would prove impossible or unreasonable and the state in which the judges will judge the case under the forum necessitatis. In this regard, I propose a comparative legal analysis: firstly, what are the resemblances and the own selves of forum necessitatis and forum arresti and secondly what is the relationship between forum necessitatis and forum situs and the other areas of law for which the European regulations provide the forum necessitatis.

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