THE EUROPEAN SOLUTIONS FOR THE UNIFICATION OF THE LAW OF SUCCESSION

Abstract

-abstract-In the series of legal spheres in which serious efforts have been made towards the unification of legal rules within the European Union, those in the field of family and law of succession come last. The reasons are quite clear and simple. The enormous influence of the already established tradition in the field of the successionseemed an insurmountable obstacle, especially because of the obvious differences between the continental, Common Law system, and the countries belonging to the Nordic legal family. For that reason, harmonization in the area of law of succession was approached at that moment when the real need for uniform rules that would be a basis or a roadmap to overcome the collision of norms between national legislations related to succession became evident.Namely, the huge number of probate procedures that have a foreign element in them and whose value is not to be neglected, was a clear signal that the need to take specific steps that will lead to the desired goal is maturing. Of course, when we talk about the European perspective in the field of law of succession, we cannot in any sense say that the attempt to find appropriate solutions will mean a complete break with the successionlegal systems of the member countries, but on the contrary, it should mean consistent respect for national regulations , placed in a wider context, with the aim of solving some disputed issues on the one hand, but also rationalizing the costs related to probate proceedings with a foreign element on the other hand.In summary, the adoption of the European Regulation on Succesion 650/2012 was preceded by slow and cautious steps and activities of the authorized institutions of the European Union, of which we will single out as particularly significant the recommendations of the European Parliament from 16.10.2006, most of which are regulated in the new European RegulationKey words:law of succession, European Regulation on Succesion 650/2012, European Certificate of SuccessionI.INTRODUCTORY REMARKSExamining the successionlegal systems of individual countries, especially the regulation of testamentarysuccession, does not lead us to the conclusion that it is not an area that is particularly complicated or that in practice can cause serious problems due to which the realization of subjective inheritance rights can be difficult.Such a statement is acceptable if one takes into account the national legislations of each country, which fundamental solutions in thelaw of succession are based on three basic assumptions lately: tradition and customs related to family relations (and thus the method of transfer of property from one subject to another); comparative experiences from countries that are close in mentality and examples from countries that are part or claim to be part of a *Esin Kranli Bajram, PhD., Associate Professor, Ss. Cyril and Methodius University in Skopje, Iustinianus Primus Faculty of Law, e-mail: e.kranlibajram@pf.ukim.edu.mk