Il certificato successorio europeo

Due to the increase in the number of cross-border successions, it has become more and more important to provide a uniform regulation, at a European level, of international private law in the field of successions. At the same time, this phenomenon has widen the differences existing among the national rules, where - especially in the civil law tradition - the plurality of the instruments for proving the quality of heir is already known. Just to give a few examples, the German Erbschein and the French acte de notoriété can be recalled; besides, few legal systems - such as Italy - do not know a general instrument certifying the quality of heir. The Regulation 650/12/EU has been enforced to fulfill such needs. In particular, the above said Regulation institutes the European Certificate of Succession, which aims to become a preferential proof of the quality of heir. The Regulation 650/12/EU outlines detailed rules, covering its effects - with limited value of presumption -, its issue, contents and circulation. In conclusion, the European Certificate of Succession is a new instrument, and its achievement will be the simplification of the transfer of assets by reason of death; moreover, it will also implement the protection of third parties contracting with the alleged heirs and the legatees of the assets. Such instrument will have an expansive power in the Italian legal system, with the effect that the application of the Certificate of Succession already existing in the districts covered by the ‘libro fondiario’ recording system could be extended to the rest of the country.