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Posted on October 7, 2012 at 12:09 PM
 Novedades en materia de Sucesiones "mortis causa" y certificado sucesorio europeo: El Reglamento (UE) n.º 650/2012 [+ info]Reglamento (UE) n.º 650/2012, del Parlamento Europeo y del Consejo, de 4 de julio de 2012, relativo a la competencia, la ley aplicable, el reconocimiento y la ejecución de las resoluciones, a la aceptación y la ejecución de los documentos públicos en materia de sucesiones "mortis causa" y a la creación de un certificado sucesorio europeo.

Este nuevo instrumento comunitario ya está en vigor, pero no será aplicable hasta el 17 de agosto de 2015. Quedan exceptuados los arts. 77 y 78 y los arts. 79, 80 y 81 (aplicables, los primeros, a partir del 16 de enero de 2014, y los segundos, desde el 5 de julio de 2012).

Se aplicará a las sucesiones por causa de muerte, pero no a las cuestiones fiscales, aduaneras y administrativas. Quedan excluidas las siguientes materias:

a) El estado civil de las personas físicas, las relaciones familiares y las que tengan efectos comparables. 

b) La capacidad jurídica de las personas físicas. 

c) La desaparición, la ausencia o la presunción de muerte de una persona física. 

d) Los regímenes económicos matrimoniales, así como los regímenes patrimoniales de relaciones que la ley considere que tienen efectos comparables al matrimonio. 

e) Las obligaciones de alimentos distintas de las que tengan su causa en la muerte. 

f) La validez formal de las disposiciones "mortis causa" hechas oralmente. 

g) Los bienes, derechos y acciones creados o transmitidos por título distinto de la sucesión. 

h) Las cuestiones que se rijan por la normativa aplicable a las sociedades, asociaciones y otras personas jurídicas.

i) La disolución, extinción y fusión de sociedades, asociaciones y otras personas jurídicas. 

j) La creación, administración y disolución de trusts. 

k) La naturaleza de los derechos reales. 

l) Cualquier inscripción de derechos sobre bienes muebles o inmuebles en un registro y los efectos de la inscripción o de la omisión de inscripción de tales derechos en el mismo.


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