Inheritance Institution under the Influence of Foreign Elements: Regulation (Eu) No 650/2012
Ermelinda Satka1, Rovena Lila2
Inheritance is one of the most important institutions of Civil Law and this is not only a legal relationship that has the most frequent and continuous application in practice, but what is most important for this institution comes as a result of the object of this institute, which has to do with the transfer of rights and obligations only as a result of the death of the owner of the property.
The aim of this paper is to give an overview of the hereditary right in its general aspects regulated by the International Private Law. In order to present a complete picture, the heritage institution at European level has been analyzed, based on the Regulation (EU) No 650/2012, as long as Albanian has the status of a candidate country for the European Union integration. The Regulation, “European Justice Certificate” is nothing other than harmonization, unification and international coordination in the field of private law, and in particular in hereditary law, which will regulate the entire hereditary relationship at the European level. It also brings with it a series of facilitations, but also various problems which in practice have not been missed and will continue to display again.
At the same time, the Regulation introduces some significant changes in the jurisdiction area where it provides some mechanisms allowing harmonization of the rules for dealing with cases of succession in all the countries of the European Union.
The authors conclude that although this regulation comes as one of the most important instruments the European Union has drafted, doubts arise again whether this normative will be effective at the level that can provide solutions to all issues related to legacy at the international level.
Keywords: International Private Law, Inheritance, European Union, European Justice Certificate, Legal Norms.
JEL Code: K33