The EU Regulation n. 650/2012 on successions represents an important step towards realizing a European private international law, favoring, in particular, the uniformity of legislation and legal certainty in a legal area, usually, characterized by a high level of complexity and the reluctance of each european State to give up its sovereignty in said particular field of law. The Regulation is a de facto overcoming of the five articles (from 46 to 50) dedicated by Italian private international law (Pil) rules (inserted in the Law n. 218/1995) to the sector of succession matters. The Paper intends to investigate the numerous changes that will inform the Italian succession system both at Pil and internal law level, thanks to the introduction of the EU Regulation n. 650/2012, which will above all to affect two founding principles of Italian succession system: the principle of testamentary freedom and the principle of the protection of the rights of reserved heirs.
The Italian Succession's System after the EU Regulation n. 650/2012 / G. Peroni. - In: CONTRATTO E IMPRESA. EUROPA. - ISSN 1127-2872. - 23:(2018), pp. 476-499.
The Italian Succession's System after the EU Regulation n. 650/2012
G. Peroni
2018
Abstract
The EU Regulation n. 650/2012 on successions represents an important step towards realizing a European private international law, favoring, in particular, the uniformity of legislation and legal certainty in a legal area, usually, characterized by a high level of complexity and the reluctance of each european State to give up its sovereignty in said particular field of law. The Regulation is a de facto overcoming of the five articles (from 46 to 50) dedicated by Italian private international law (Pil) rules (inserted in the Law n. 218/1995) to the sector of succession matters. The Paper intends to investigate the numerous changes that will inform the Italian succession system both at Pil and internal law level, thanks to the introduction of the EU Regulation n. 650/2012, which will above all to affect two founding principles of Italian succession system: the principle of testamentary freedom and the principle of the protection of the rights of reserved heirs.File | Dimensione | Formato | |
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