The contribution comments the decision of the Court of Justice of the European Union, 9 September 2021, C-277/20, UM, which sheds some light on the characterization of donations in the context of cross-border successions in Europe. The regulation (EU) no. 650/2012 aims at simplifying the settlement of international successions, providing the discipline of private and procedural international law. The regulation does not apply to donations, but covers certain types of agreements as to succession. In the case at hand, the Court of Justice clarifies whether a donation mortis causa may fall within the scope of the notion of “agreement as to succession” in the sense of the aforementioned regulation, stressing the importance of autonomous and uniform interpretation of the EU instruments in the field of judicial cooperation in civil matters.
La disciplina dei patti successori nel regolamento UE n. 650/2012 e i contratti traslativi di proprietà mortis causa
Francesca Maoli
2022-01-01
Abstract
The contribution comments the decision of the Court of Justice of the European Union, 9 September 2021, C-277/20, UM, which sheds some light on the characterization of donations in the context of cross-border successions in Europe. The regulation (EU) no. 650/2012 aims at simplifying the settlement of international successions, providing the discipline of private and procedural international law. The regulation does not apply to donations, but covers certain types of agreements as to succession. In the case at hand, the Court of Justice clarifies whether a donation mortis causa may fall within the scope of the notion of “agreement as to succession” in the sense of the aforementioned regulation, stressing the importance of autonomous and uniform interpretation of the EU instruments in the field of judicial cooperation in civil matters.
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