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Regulation (EU) No 650/2012 of the European Parliament and of the CouncilShow full title

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 a European Certificate of Succession

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  1. Introductory Text

  2. CHAPTER I SCOPE AND DEFINITIONS

    1. Article 1.Scope

    2. Article 2.Competence in matters of succession within the Member States

    3. Article 3.Definitions

  3. CHAPTER II JURISDICTION

    1. Article 4.General jurisdiction

    2. Article 5.Choice-of-court agreement

    3. Article 6.Declining of jurisdiction in the event of a choice of law

    4. Article 7.Jurisdiction in the event of a choice of law

    5. Article 8.Closing of own-motion proceedings in the event of a choice of law

    6. Article 9.Jurisdiction based on appearance

    7. Article 10.Subsidiary jurisdiction

    8. Article 11.Forum necessitatis

    9. Article 12.Limitation of proceedings

    10. Article 13.Acceptance or waiver of the succession, of a legacy or of a reserved share

    11. Article 14.Seising of a court

    12. Article 15.Examination as to jurisdiction

    13. Article 16.Examination as to admissibility

    14. Article 17.Lis pendens

    15. Article 18.Related actions

    16. Article 19.Provisional, including protective, measures

  4. CHAPTER III APPLICABLE LAW

    1. Article 20.Universal application

    2. Article 21.General rule

    3. Article 22.Choice of law

    4. Article 23.The scope of the applicable law

    5. Article 24.Dispositions of property upon death other than agreements as to succession

    6. Article 25.Agreements as to succession

    7. Article 26.Substantive validity of dispositions of property upon death

    8. Article 27.Formal validity of dispositions of property upon death made in writing

    9. Article 28.Validity as to form of a declaration concerning acceptance or waiver

    10. Article 29.Special rules on the appointment and powers of an administrator of the estate in certain situations

    11. Article 30.Special rules imposing restrictions concerning or affecting the succession in respect of certain assets

    12. Article 31.Adaptation of rights in rem

    13. Article 32.Commorientes

    14. Article 33.Estate without a claimant

    15. Article 34.Renvoi

    16. Article 35.Public policy (ordre public)

    17. Article 36.States with more than one legal system – territorial conflicts of laws

    18. Article 37.States with more than one legal system – inter-personal conflicts of laws

    19. Article 38.Non-application of this Regulation to internal conflicts of laws

  5. CHAPTER IV RECOGNITION, ENFORCEABILITY AND ENFORCEMENT OF DECISIONS

    1. Article 39.Recognition

    2. Article 40.Grounds of non-recognition

    3. Article 41.No review as to the substance

    4. Article 42.Staying of recognition proceedings

    5. Article 43.Enforceability

    6. Article 44.Determination of domicile

    7. Article 45.Jurisdiction of local courts

    8. Article 46.Procedure

    9. Article 47.Non-production of the attestation

    10. Article 48.Declaration of enforceability

    11. Article 49.Notice of the decision on the application for a declaration of enforceability

    12. Article 50.Appeal against the decision on the application for a declaration of enforceability

    13. Article 51.Procedure to contest the decision given on appeal

    14. Article 52.Refusal or revocation of a declaration of enforceability

    15. Article 53.Staying of proceedings

    16. Article 54.Provisional, including protective, measures

    17. Article 55.Partial enforceability

    18. Article 56.Legal aid

    19. Article 57.No security, bond or deposit

    20. Article 58.No charge, duty or fee

  6. CHAPTER V AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS

    1. Article 59.Acceptance of authentic instruments

    2. Article 60.Enforceability of authentic instruments

    3. Article 61.Enforceability of court settlements

  7. CHAPTER VI EUROPEAN CERTIFICATE OF SUCCESSION

    1. Article 62.Creation of a European Certificate of Succession

    2. Article 63.Purpose of the Certificate

    3. Article 64.Competence to issue the Certificate

    4. Article 65.Application for a Certificate

    5. Article 66.Examination of the application

    6. Article 67.Issue of the Certificate

    7. Article 68.Contents of the Certificate

    8. Article 69.Effects of the Certificate

    9. Article 70.Certified copies of the Certificate

    10. Article 71.Rectification, modification or withdrawal of the Certificate

    11. Article 72.Redress procedures

    12. Article 73.Suspension of the effects of the Certificate

  8. CHAPTER VII GENERAL AND FINAL PROVISIONS

    1. Article 74.Legalisation and other similar formalities

    2. Article 75.Relationship with existing international conventions

    3. Article 76.Relationship with Council Regulation (EC) No 1346/2000

    4. Article 77.Information made available to the public

    5. Article 78.Information on contact details and procedures

    6. Article 79.Establishment and subsequent amendment of the list containing the information referred to in Article 3(2)

    7. Article 80.Establishment and subsequent amendment of the attestations and forms referred to in Articles 46, 59, 60, 61, 65 and 67

    8. Article 81.Committee procedure

    9. Article 82.Review

    10. Article 83.Transitional provisions

    11. Article 84.Entry into force

  9. Signature

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