Certificatul european de moştenitor în lumina jurisprudenţei Curţii de Justiţie a Uniunii Europene sau Gâlceava înţeleptului cu lumea
The European certificate of succession in the light of the case law of the Court of Justice of the European Union, or the Sage’s quarrel with the world

Summary/Abstract: The European Certificate of Succession represents a significant normative innovation within the legislative landscape of the European Union, becoming part of a stratified legal framework in which national authorities and competences, as well as internal documents, coexist without the establishment of a formal hierarchy. Although it has a facultative, consensual nature and follows a simplified procedural form, the Certificate possesses a distinct international dimension arising from its specific probative value. This structural and functional particularity of the Certificate generates both theoretical and practical implications. Even though the issuing authority lacks the power to decide on substantive disputes, its activity does not amount to a mere factual acknowledgment, but also involves legal analysis, directly reflected in the content of the Certificate. With regard to the estate assets, the content of the European Certificate of Succession lies at the intersection of the concepts of succession, rights in rem, and national level formalities of movable or immovable property registration. Each of these rules fulfils its own function, contributing to the realization of Certificate’s effet utile, in the sense of facilitating the exercise of succession rights in a cross border context, without prejudice to the autonomy of national law in matters of registration and nature of real rights. The case law of the Court of Justice of the European Union demonstrates that both the application of the Regulation and the use of the Certificate in Member States are not free from doctrinal frictions and interpretative tensions.

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