Skip to main content Accessibility help
×
Home
Hostname: page-component-684899dbb8-gblv7 Total loading time: 0.358 Render date: 2022-05-27T23:16:47.660Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "useRatesEcommerce": false, "useNewApi": true }

Regulation (EU) 650/2012 and Territorial Conflicts of Laws in Spain

Published online by Cambridge University Press:  25 May 2021

Get access

Summary

INTRODUCTION

Since 17 January 2015, all judicial authorities and all other authorities and legal professionals of 25 EU Member States – all of them, with the exception of the UK, Ireland and Denmark – are bound by a new comprehensive body of rules on private international law on cross-border succession matters: Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 (hereinafter ‘the Succession Regulation‘).

The adoption of this Regulation brought with it a great change in the regulation of cross-border successions. In general terms, the Succession Regulation allows a person to choose the law of their nationality (Article 22) and, failing that, establishes the application of the law of the habitual residence of the deceased unless it is clear from all the circumstances of the case that the deceased was manifestly more closely connected with another State (Article 21).

In Spain, the application of these conflict-of-laws rules has created new debates and challenges, especially in light of the most recent statistics of emigration and immigration in the country. Currently, more than five million foreign nationals have their habitual residence in Spain, among which more than 400,000 are over 65 years old. This means that the application of Spanish law by virtue of the law of the habitual residence of the deceased will not be an exceptional situation. The same is true in those instances where the deceased passed away having their habitual residence in another State, but being more closely connected with Spain. In this regard, one of the factors that may activate the ‘escape clause‘ provided in Article 21(2) of the Succession Regulation will be the ownership of the deceased of assets located in Spain. This can be a relevant factor not only for Spanish citizens, but also for foreign nationals.

However, the potential application of Spanish law goes beyond the Spanish territory. Nowadays, more than 2.5 million Spanish citizens have their habitual residence abroad, nearly one million of them in Europe.

Type
Chapter
Information
Publisher: Intersentia
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×