LEGEA APLICABILĂ SUCCESIUNII ŞI CEA APLICABILĂ REGIMULUI MATRIMONIAL: UNELE DELIMITĂRI ŞI INTERFERENŢE
THE LAW APPLICABLE TO THE SUCCESSION AND THE ONE APPLICABLE TO THE MATRIMONIAL PROPERTY REGIME: SOME DELIMITATIONS AND INTERFERENCES
Author(s): Silviu Dorin ŞchiopuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Regulation (EU) 2012/650; Regulation (EU) 2016/1103; Romanian Civil code; applicable law; succession; estate; matrimonial property regime;
Summary/Abstract: In the matter of succession, when the deceased was married, the liquidation of the matrimonial regime is a necessary prerequisite for determining the estate left by the deceased in all states which have a matrimonial property issue after death. That’s why, recital (12) of Regulation (EU) 2012/650 states that the authorities dealing with a given succession should take into account the winding-up of the matrimonial property regime of the deceased when determining the estate of the deceased and the respective shares of the beneficiaries. However, due to the increasing mobility of couples during their married life, it may happen that the law applicable to the succession will not be also the one applicable to the matrimonial property regime. In the light of the foregoing, this short paper analyzes some delimitations and interferences between the two applicable laws.
Journal: Universul Juridic
- Issue Year: 2019
- Issue No: 01
- Page Range: 40-46
- Page Count: 7
- Language: Romanian