La forma de la designación de ley en la propuesta de Reglamento europeo en materia de sucesiones

Abstract

On October 14, 2009 the Commission of the European Communities launched its Proposal for a Regulation of the European Parliament and the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession. In the field of applicable law, one of the main features of the Proposal is to admit party autonomy in a sphere as traditionally adverse to it as successions upon death. In this respect, the European Proposal regulates the form that the testator’s choice of law should take, a controversial issue in those countries that have acknowledged the institution. Despite the ambiguous nature of the Spanish version, article 17.2 of the Proposal states that the applicable law must be expressly determined and included in a declaration in the form of a disposition of property upon death. This solution should be welcomed, because a choice of law made expressis verbis will be more easily identified and put into practice by judges who are not fully acquainted with the institution.