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Title
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A model for the use of the European certificate of succession for property registration
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Author
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Abstract
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| One of the most controversial elements in the Succession Regulation (SR), is the use of the European Certificate of Succession (ECS) for property registration. Article 69, 5 SR establishes the ECS as a valid document for the recording of succession property in the Member States' registers, whereas at the same time, it makes a reservation for Article 1, 2, point (l) SR, which excludes the recording of property in the national registers from the scope of the Regulation. This paradox continues to trouble the legal doctrine, especially with regard to the registration of immovable property. The author has attempted to construct a comprehensive model for the interpretation of these provisions, by identifying and resolving the main conflicts that exist in the Member States between the ECS's legal regime and the national provisions on property registration. Belgium, France, Germany and the Netherlands were used as case studies in this regard. This inductive approach has permitted to develop a model for the use of the ECS for property registration in the European Member States. |
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Language
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English
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Source (journal)
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Revue européenne de droit privé. - Dordrecht
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Revue européenne de droit privé
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Publication
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Dordrecht
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2017
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ISSN
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0928-9801
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Volume/pages
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25
:3
(2017)
, p. 523-551
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ISI
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000426237700003
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