Transcript Slide 1
Implementation of the Regulation 650/2012 Latest developments
Stephan Matyk DG Justice Civil Justice Policy Unit
Background
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4 July 2012:
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Adoption of the Regulation NO (EU) 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession
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OJ L 201 of 27/07/2012
Background
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Regulation entered into force
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Most of the provisions will apply to the succession of persons who die on or after 17 August 2015
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Member States not taking part: DK, IE, UK
Mandate of the Regulation
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To establish through comitology procedure: Attestations concerning 1. a decision (art 46 par 3) 2. an authentic instrument (art 59 par 1; 60 par 2) 3. A court settlement (art 61 par 2) 4. Application for a European Certificate of Succession (art 65) 5. European Certificate of Succession (art 67)
Comitology
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Adoption by the Commission of the European Certificate of successions and the other forms through comitology procedure.
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By means of an implementing act.
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Legal basis Regulation (EU) No 182/2011.
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First meeting took place on 17/10/2012 with the participation of ELRA.
Challenges during the negotiation process (Regulation)
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Line between succession law and property law:
Sharing/distribution of the estate; Conditions for registration of real property; Effects of registration of real property;
Scope (concerning registers)
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Excluded…
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- property rights - the nature of rights in rem and - any recording in a register of rights in immovable or movable property, including legal requirements for such recording, and the effects of recording or failing to record such rights in a register
Scope (continued)
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Included… All civil-law aspects of succession to the estate of a deceased person, namely all forms of transfer of rights and obligations…
European Certificate of Succession
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Can be issued by a court/authority (including non-judicial authorities) of the MS having jurisdiction; Issuing authority applies applicable law and complies with the minimum procedural standards; Circulates freely and is automatically recognised; Produces uniform effects: Proof of the rights and powers of the heir, legatee, administrator or executor of will; Basis for registration of transfer of property rights; Rights of third parties acting in good faith protected.
European Certificate of Succession (ECS) - characteristics
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Proof of status as heir or legatee: who are the heirs and legatees and what are their rights; Proof of powers of the administrators and executors of the will; Use not mandatory; Does not replace national certificates - once issued for cross boarder purposes, effects recognised also in the MS which issued it; Flexible document: may be issued at different stages of proceedings, for different purposes; Content laid down in a standard form; => establishment through comitology procedure
Effects of the ECS
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The certificate shall constitute a valid document for the recording of succession property in the relevant register of a Member State(art 69 par 5)
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Evidentiary effects;
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Presumed to demonstrate accurately elements which have been established under the law applicable to the succession … (cons. 71)
Principle of avoiding duplication of procedures
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In order to avoid duplication, authorities should accept documents drawn up in another Member State…
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The European Certificate of Succession should constitute a valid document for the recording of succession property in a register…
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Objectives for the implementation of the ECS
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The elaboration of the ECS is guided by:
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- Follow the line of the Regulation
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- Be easy understandable and useable
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- Focus on Practicability