Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-03-13-Speech-2-263-000"
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"en.20120313.17.2-263-000"2
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"The underlying principle of the proposal for a regulation is to eliminate all obstacles to the free movement of persons and their rights deriving from the particular variations in succession regimes in Member States. The proposed regulations aim to increase legal certainty for both testators and beneficiaries. The essence of the regulation is to implement the model of a uniform status for an estate where, in relation to one estate, regardless of the nature of its contents or the location thereof, the provisions of one legal regime apply, this having been selected by the testator as the applicable law. This avoids fragmentation of the estate and reduces problems in exercising successor rights under different legal regulations.
At the same time, we must consider whether the proposal fully realises the intended possibility of protecting the estate upon death. There is no doubt that the possibility of selecting the applicable law to resolve matters of succession in conjunction with the European Certificate of Succession allows for such protection. However, this is a formal aspect of this regulation, consisting of its introduction into the legal system. It has great potential. However, it depends on the material aspect of the actual opportunity for entitled persons to benefit from these institutions. We need to consider how to encourage the behaviour described by us in these provisions. This is the whole problem with the draft regulation. In addition to creating legal tools, we need to persuade entitled persons to use them."@en1
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