El Reglamento 650-2012, sobre sucesiones, y la remisión a un sistema plurilegislativo: algunos casos difíciles o, simplemente, llamativos

Resumen

This paper aims to highlight some problems arising where the law specified by Regulation 650/2012, on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, is that of a State which comprises several territorial units each of which has its own rules of law in respect of succession (i.e., Spain).

The hypothesis taken as relevant is that in which the applicable law is Spanish law. This is only one side of the whole problem but it is a good model for assessing the rule set down by art. 36 of the Regulation. Although, apparently, the rule was made in order to respect the internal conflict-of-laws rules of the State whose law is the applicable law and, in this way, to ensure a certain coherence and easiness in their implementation, the paper shows how this goal is far from being achieved. The reason is quite obvious, despite the usual lack of awareness by commentators: the internal conflict-of-law rules are conceived to solve problems arising from domestic situations, taken into account the internal values and interests and the (sometimes) also internal constitutional limits.

On the contrary, the art. 36 of the Regulation is conceived to give a proper answer to an international situation, after the application of the conflict-of- law rules of the Regulation. These are conceived taking into account the specific values and interests of international situations. The imbalance is almost guaranteed.

With the help of several examples, the paper shows how, even facing situations prima facie not problematic (those in which the Spanish internal conflict-of-law rules are applied to deceased people with Spanish nationality) severe doubts remain without a clear answer.