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
Succession Regulation – Brussels IV
- Recitals
CHAPTER I — SCOPE AND 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
- 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
- Final