Presentation on theme: "GENERAL PRINCIPLES Unity Exclusion of real rights and LR Common zones:adaptation, mandatory provisions, rules on administration European certificate of."— Presentation transcript:
GENERAL PRINCIPLES Unity Exclusion of real rights and LR Common zones:adaptation, mandatory provisions, rules on administration European certificate of succession as european title
Effects of the e.c.s.:evolution Art. 42 PRS: recognition, content presumed accurate, to be released, to acquire Art. 69 RS: production of effects, presumed accurate in relation to elements under the applicable law, to have transacted
E.C.S. and LR e.c.s.:european title=internal title e.c.s.:tertium genus, public document Art. 69.1:free circulation Art. 69.2:iuris tantum presumption of succession title. Preliminary questions, matrimonial property regime? Art. 69.3:release effects
Art. 42.4PRS: protection to the third who acquire property according to the certificate implied possible collision with LR rules ( based on art.23 of The Hague Convention on administration of successions -but this refers to movables- and art. 2366BGB-but art. 892BGB is lex specialis-) Art. 69.4RS Property effects became transaction effects (Recital 71: is not up to the Regulation to determine property rights) E.C.S. and LR
Art. 69.5RS: Registration of the e.c.s. Primary effect: succession title Direct registration of quota or shares Direct registration of assets in particular cases according to the applicable law: sole heir, partition made by the testator, certain legacies, succession agreement, powers of administrator Requirements and effects of registration according to the internal law
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