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Regulation (EU) No 650/2012 (Brussels IV)
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Article 41
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Regulation (EU) No 650/2012 (Brussels IV)
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Recitals
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
Final
Timeline
Published on: July 25th 2012
In force since: July 5th 2012
Passed by
European Parliament
Council of the European Union
Corrected by:
Corrigendum (01)
Corrigendum (03)
Cites:
Regulation (EEC, EURATOM) NO 1182/71
Regulation (EC) No 1346/2000
Decision 2001/470
Regulation (EC) No 1393/2007
Regulation (EU) No 182/2011
Cited by:
Regulation (EU) No 1329/2014
Regulation (EU) 2016/1103
Regulation (EU) 2016/1104
Regulation (EU) 2020/1783
Topics
judicial cooperation in civil matters in the EU
inheritance
private international law
jurisdiction
mutual recognition principle
official document
law of succession
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Regulation (EU) No 650/2012 (Brussels IV)
Status
Succession Regulation (Brussels IV)
Article 41
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Article 41 — No review as to the substance
Under no circumstances may a
decision
given in a Member State be reviewed as to its substance.
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