CONSIDERAŢII PRIVIND APLICAREA REGULAMENTULUI (UE) NR. 650/2012 ŞI RAPORTUL ACESTUIA CU ACORDURILE, TRATATELE ŞI CONVENŢIILE INTERNAŢIONALE CARE CONŢIN REGLEMENTĂRI ÎN MATERIA SUCCESIUNILOR INTERNAŢIONALE
“CONSIDERATIONS ABOUT THE ENFORCEMENT OF THE (EU) REGULATION NO. 650/2012 AND ITS RELATION WITH THE INTERNATIONAL AGREEMENTS, TREATIES AND CONVENTIONS COMPRISING REGULATIONS IN THE MATTER OF INTERNATIONAL SUCCESSIONS”

Summary/Abstract: In this article, the author deals with the enforcement of the (EU) Regulation no. 650/2012 of the European Parliament and Council of 4 July 2012 regarding the authority, the applicable law, the recognition and enforcement of court orders and the acceptance and enforcement of the authentic instruments in the matter of successions and in relation to the creation of an European certificate of inheritance in the context of the Treaty on the Functioning of the European Union. The structure and the content of the study reveal the comments upon the relevant provisions in the matter of procedures in case of international successions, upon the relationship between several legal rules regulating the same issues in the matter of international successions, upon the relation in the matter of international successions between (EU) Regulation no. 650/2012 and other international treaties, agreements and conventions regulating the same procedural issue, taking into consideration, in the light of the above, the doctrine developed by some important names in the field of law (L.-B. Ciucă, I. Olaru). Finally, the author makes brief considerations regarding the legitimacy of the issues leading to confusing interpretations in relation to the (EU) Regulation no. 650/2012, as well as to find any solutions, which may assure the predictability, the usefulness and transparency of the uniformly enforced legal rule.

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