O regulamento europeu das sucessões na perspetiva da liberdade de circulação e autonomia privada do autor da sucessão

Abstract

The 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 European Certificate of Succession, establishes a set of objectives, including contributing to the development of an area of freedom, security, and justice, to facilitate the functioning of the internal market and to enable the organization of the succession in advance. The achievement of these objectives streamlined the harmonization of conflict of-laws, unified the applicable law to the succession, and strengthened the private autonomy of the person whose estate is involved. However, there are still some difficulties in its application, namely, the persistence in invoking diversity among most laws, which is manifested in the possibility of applying the classic clause of public policy (ordre public) and the fraude à la loi, which demonstrate a lack of trust towards the citizen who exercises their right of free movement. The problems raised by the application of the RES should be resolved in light of its objectives, to promote the private autonomy of the person whose estate is involved and to encourage the free movement of persons, not to hinder it.

Date of Award	21 Jul 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Rita Xavier (Supervisor)