GENERAL PRINCIPLES

UnityExclusion 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