SOME CONSIDERATIONS ON THE PUBLIC-POLICY EXCEPTION PROVIDED IN ARTICLE 35 OF REGULATION (EU) No 650/2012 AND ITS IMPACT ON THE FORCED HEIRSHIP
SOME CONSIDERATIONS ON THE PUBLIC-POLICY EXCEPTION PROVIDED IN ARTICLE 35 OF REGULATION (EU) No 650/2012 AND ITS IMPACT ON THE FORCED HEIRSHIP
Author(s): Silviu Dorin Şchiopu, Maria-Magdalena BârsanSubject(s): Constitutional Law, Human Rights and Humanitarian Law, Law on Economics, Canon Law / Church Law, Sociology of Law
Published by: Editura Universitatii Petrol-Gaze din Ploiesti
Keywords: succession; applicable law; public-policy exception; reserved portion; forced heirship; civil law; private international law; European law;
Summary/Abstract: Nowadays, Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 governs the applicable law in matters of succession throughout most of the European Union. For a better understanding of how this regulation applies to the institution of forced heirship in a legal multicultural environment, this short overview attempts, on the one hand, to examine the notion of public-policy in the light of the civil legislation and the European private international law, and, on the other hand, to highlight its impact on the forced heirship interpreted as meaning that the application of a rule of the law determined by this Regulation can be considered to be contrary to the public policy of the forum on the sole ground that its clauses regarding the reserved portion of an estate differ from those in force in the forum.
- Issue Year: LXVII/2016
- Issue No: 2
- Page Range: 35-40
- Page Count: 6
- Language: English