The essay examines the proposal, presented with the d.d.l. delega n. 1151/2019, to introduce a certificate of succession in Italian law on the model of the certificate created by the European regulation n. 650/2012. The paper points out that in Italian law already exists a certificate of succession: this is the certificate of succession provided for the former Austrian provinces with the r.d. 499/29, which can be regarded, albeit indirectly, as the model of the European certificate of succession. De iure condendo two aspects are principally considered, namely the consequences that a certificate of succession would have on the rules of the civil code on the apparent heir and the problem of the competence to issue the certificate (judges or notaries).
Rusconi, C., Il certificato successorio nell’ordinamento italiano: da diritto secondo a diritto primo?, <<EUROPA E DIRITTO PRIVATO>>, 2020; (2): 389-422 [http://hdl.handle.net/10807/161567]
Il certificato successorio nell’ordinamento italiano: da diritto secondo a diritto primo?
Rusconi, Carlo
2020
Abstract
The essay examines the proposal, presented with the d.d.l. delega n. 1151/2019, to introduce a certificate of succession in Italian law on the model of the certificate created by the European regulation n. 650/2012. The paper points out that in Italian law already exists a certificate of succession: this is the certificate of succession provided for the former Austrian provinces with the r.d. 499/29, which can be regarded, albeit indirectly, as the model of the European certificate of succession. De iure condendo two aspects are principally considered, namely the consequences that a certificate of succession would have on the rules of the civil code on the apparent heir and the problem of the competence to issue the certificate (judges or notaries).
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