INTRODUCTION

With effect from 17 August 2015, the European Succession Regulation has led to a unification of the international law of succession in the Member States of the EU – with the exception of Denmark, Ireland and the United Kingdom. However, there is no full harmonization since, according to Article 75(1) SR, the Regulation does not affect the application of international agreements to which one or more Member States were parties at the time of the adoption of the Regulation and which relate to the subjects covered by the Regulation. Bilateral treaties concluded between individual Member States and third States take precedence over the Regulation, too. Treaties of this kind exist in many Member States. As these agreements are often based on traditional legal principles, such as the principle of nationality, the lex rei sitae rule for succession to immovable property and the exclusion of party autonomy, their application can lead to significant tensions with the European Succession Regulation.

TREATIES AND CONVENTIONS TAKING PRECEDENCE OVER THE EUROPEAN SUCCESSION REGULATION

OVERVIEW

Germany has entered into three bilateral treaties with third States which concern matters covered by the European Succession Regulation. These are in the order of conclusion:

A number of other consular treaties binding for Germany concern questions relevant to the law of succession, such as consular rights, most-favoured treatment rules or the mutual recognition and enforcement of decisions. However, since the European Succession Regulation does not cover the aforementioned matters, these agreements cannot conflict with the European Succession Regulation. This also applies to the Treaty between the United States of America and Germany on Friendship, Commerce and Consular Rights of 8 December 1923 and the Treaty on Friendship, Commerce and Navigation between the Federal Republic of Germany and the United States of America of 29 October 1954.

TREATY ON ESTABLISHMENT BETWEEN GERMANY AND THE PERSIAN EMPIRE

Background

The Treaty on Establishment between Germany and the Persian Empire of 17 February 1929 (Treaty 17), along with the Final Protocol to Article 8(3) of the Treaty, entered into force on 11 January 1931.