THE EUROPEAN SOLUTIONS FOR THE UNIFICATION OF THE LAW OF SUCCESSION

Abstract

In the series of legal spheres in which serious efforts have been made towards the unification of legal
rules within the European Union, those in the field of family and law of succession come last. The
reasons are quite clear and simple. The enormous influence of the already established tradition in the
field of the succession seemed an insurmountable obstacle, especially because of the obvious
differences between the continental, Common Law system, and the countries belonging to the Nordic
legal family. For that reason, harmonization in the area of law of succession was approached at that
moment when the real need for uniform rules that would be a basis or a roadmap to overcome the
collision of norms between national legislations related to succession became evident.
Namely, the huge number of probate procedures that have a foreign element in them and whose value
is not to be neglected, was a clear signal that the need to take specific steps that will lead to the desired
goal is maturing. Of course, when we talk about the European perspective in the field of law of
succession, we cannot in any sense say that the attempt to find appropriate solutions will mean a
complete break with the succession legal systems of the member countries, but on the contrary, it should
mean consistent respect for national regulations , placed in a wider context, with the aim of solving
some disputed issues on the one hand, but also rationalizing the costs related to probate proceedings
with a foreign element on the other hand.
In summary, the adoption of the European Regulation on Succesion 650/2012 was preceded by slow
and cautious steps and activities of the authorized institutions of the European Union, of which we will
single out as particularly significant the recommendations of the European Parliament from 16.10.2006,
most of which are regulated in the new European Regulation