Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 Ju... (32012R0650)
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Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 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
- REGULATION (EU) No 650/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
- of 4 July 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
- CHAPTER I
- SCOPE AND DEFINITIONS
- Article 1
- Scope
- Article 2
- Competence in matters of succession within the Member States
- Article 3
- Definitions
- CHAPTER II
- JURISDICTION
- Article 4
- General jurisdiction
- Article 5
- Choice-of-court agreement
- Article 6
- Declining of jurisdiction in the event of a choice of law
- Article 7
- Jurisdiction in the event of a choice of law
- Article 8
- Closing of own-motion proceedings in the event of a choice of law
- Article 9
- Jurisdiction based on appearance
- Article 10
- Subsidiary jurisdiction
- Article 11
- Forum necessitatis
- Article 12
- Limitation of proceedings
- Article 13
- Acceptance or waiver of the succession, of a legacy or of a reserved share
- Article 14
- Seising of a court
- Article 15
- Examination as to jurisdiction
- Article 16
- Examination as to admissibility
- Article 17
- Lis pendens
- Article 18
- Related actions
- Article 19
- Provisional, including protective, measures
- CHAPTER III
- APPLICABLE LAW
- Article 20
- Universal application
- Article 21
- General rule
- Article 22
- Choice of law
- Article 23
- The scope of the applicable law
- Article 24
- Dispositions of property upon death other than agreements as to succession
- Article 25
- Agreements as to succession
- Article 26
- Substantive validity of dispositions of property upon death
- Article 27
- Formal validity of dispositions of property upon death made in writing
- Article 28
- Validity as to form of a declaration concerning acceptance or waiver
- Article 29
- Special rules on the appointment and powers of an administrator of the estate in certain situations
- Article 30
- Special rules imposing restrictions concerning or affecting the succession in respect of certain assets
- Article 31
- Adaptation of rights
- in rem
- Article 32
- Commorientes
- Article 33
- Estate without a claimant
- Article 34
- Renvoi
- Article 35
- Public policy
- (ordre public)
- Article 36
- States with more than one legal system – territorial conflicts of laws
- Article 37
- States with more than one legal system – inter-personal conflicts of laws
- Article 38
- Non-application of this Regulation to internal conflicts of laws
- CHAPTER IV
- RECOGNITION, ENFORCEABILITY AND ENFORCEMENT OF DECISIONS
- Article 39
- Recognition
- Article 40
- Grounds of non-recognition
- Article 41
- No review as to the substance
- Article 42
- Staying of recognition proceedings
- Article 43
- Enforceability
- Article 44
- Determination of domicile
- Article 45
- Jurisdiction of local courts
- Article 46
- Procedure
- Article 47
- Non-production of the attestation
- Article 48
- Declaration of enforceability
- Article 49
- Notice of the decision on the application for a declaration of enforceability
- Article 50
- Appeal against the decision on the application for a declaration of enforceability
- Article 51
- Procedure to contest the decision given on appeal
- Article 52
- Refusal or revocation of a declaration of enforceability
- Article 53
- Staying of proceedings
- Article 54
- Provisional, including protective, measures
- Article 55
- Partial enforceability
- Article 56
- Legal aid
- Article 57
- No security, bond or deposit
- Article 58
- No charge, duty or fee
- CHAPTER V
- AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS
- Article 59
- Acceptance of authentic instruments
- Article 60
- Enforceability of authentic instruments
- Article 61
- Enforceability of court settlements
- CHAPTER VI
- EUROPEAN CERTIFICATE OF SUCCESSION
- Article 62
- Creation of a European Certificate of Succession
- Article 63
- Purpose of the Certificate
- Article 64
- Competence to issue the Certificate
- Article 65
- Application for a Certificate
- Article 66
- Examination of the application
- Article 67
- Issue of the Certificate
- Article 68
- Contents of the Certificate
- Article 69
- Effects of the Certificate
- Article 70
- Certified copies of the Certificate
- Article 71
- Rectification, modification or withdrawal of the Certificate
- Article 72
- Redress procedures
- Article 73
- Suspension of the effects of the Certificate
- CHAPTER VII
- GENERAL AND FINAL PROVISIONS
- Article 74
- Legalisation and other similar formalities
- Article 75
- Relationship with existing international conventions
- Article 76
- Relationship with Council Regulation (EC) No 1346/2000
- Article 77
- Information made available to the public
- Article 78
- Information on contact details and procedures
- Article 79
- Establishment and subsequent amendment of the list containing the information referred to in Article 3(2)
- Article 80
- Establishment and subsequent amendment of the attestations and forms referred to in Articles 46, 59, 60, 61, 65 and 67
- Article 81
- Committee procedure
- Article 82
- Review
- Article 83
- Transitional provisions
- Article 84
- Entry into force
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