Closest equivalent rights and adaptation
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The Regulation (r.16) envisages adapting those rights in rem arising from the succession to the closest equivalent rights in rem in accordance with the legislation of the MS where the properties lie (lex rei sitae), considering also that “the existing networks in the area of judicial cooperation in civil and commercial matters could be used, as well as any other available means facilitating the understanding of foreign law”
1. What are the main rights in rem arising from successions in your system?
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?
- 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?
