1. What are the main rights in rem arising from successions in your system?
According to the Article 5.1 of the Civil Code of the Republic of Lithuania succession is the devolution of property rights, duties and some other personal non-property rights of a deceased natural person to his heirs by operation of law (intestate) or/and to successors by the will (testate). The main real right arising from succession is the right of ownership.
2. What would the role of your Land Register or registrars be in order to put in practice the principle of adaptation? What contributions could the Land Register make?
Since the data submitted to the Register of Wills depend from the register data providers, it is not possible for the manager of the register to practice the principle of adaptation.
- Imagine you receive a request for the registration of a foreign European Certificate of Succession. It follows from this Certificate that one of the heirs is entitled to a right that is not part of your national numerus clausus. How do you approach this problem?
We will refuse registration