Successioni, regimi patrimoniali tra coniugi e problemi di qualificazione in una recente pronuncia della Corte di giustizia

This article examines the Mahnkopf judgment of the Court of Justice of the European Union, which stated that the German Zugewinngemeinschaft (§ 1371 BGB) falls within the scope of application of Regulation (EU) N. 650/2012 on successions. The Court has subsequently affirmed that the information concerning the share of the surviving spouse according to §1371 BGB can be included in a European certificate of succession, with full application of the effects described in Article 69 of the Regulation. However, the decision does not rule on whether to include or not in the certificate information concerning the matrimonial property regime between spouses (a question that is not included in the notion of succession matters and is therefore excluded from the scope of Regulation No 650/2012), nor on the effects to be attributed to these elements. The article analyzes the doctrinal debate on the question, which is part of the wider problem of the qualification of issues relating to succession or matrimonial property regimes in force between spouses.