La regulación de la sucesión, los pactos matrimoniales y las incoherencias entre las normas de derecho internacional privado europeo
This paper intends to focus on a problematic issue: the law applicable to agreements between cross-border spouses or registered partners relating to succession of the estate of a deceased spouse or registered partner. The analysis begins (Section 2) with an examination of the broad definition of ‘ag...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8231378 |
| Source: | Revista Internacional de Doctrina y Jurisprudencia, ISSN 2255-1824, Nº. 25, 2021 (Ejemplar dedicado a: Los reglamentos gemelos), pags. 251-268 |
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| Summary: |
This paper intends to focus on a problematic issue: the law applicable to agreements between cross-border spouses or registered partners relating to succession of the estate of a deceased spouse or registered partner. The analysis begins (Section 2) with an examination of the broad definition of ‘agreement as to succession’ set out in the Succession Regulation. Secondly, it focuses on some critical aspects of the Succession Regulation that seem likely to complicate the succession planning of cross-border couples. Although Recital 7 of the Succession Regulation establishes that one of the primary purposes of the regulation is that ‘citizens must be able to organise their succession in advance’, and its Recital 38 specifies that ‘[the Succession Regulation] should enable citizens to organise their succession in advance by choosing the law applicable to their succession’, there are numerous rules that do not appear to be in line with this aim. These issues are highlighted in Sections 3 and 4. Particular attention is devoted (Section 5) to agreements between cross-border spouses or registered partners in order to plan their succession. Lastly (Section 6), some concluding remarks are offered on the process of European integration achieved through the private international law (PIL) and the role of the courts in a unitary and complex legal system. |
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