BETA

Activities of Sebastian Valentin BODU related to 2009/0157(COD)

Plenary speeches (1)

Succession and the European Certificate of Succession (debate)
2016/11/22
Dossiers: 2009/0157(COD)

Amendments (8)

Amendment 148 #
Proposal for a regulation
Article 1 – paragraph 2
(2) In this Regulation, “Member State” means allny of the Member States with the exception of Denmark, [the United Kingdom and Ireland].
2011/07/01
Committee: JURI
Amendment 156 #
Proposal for a regulation
Article 2 – point b
(b) “court”: any judicial authority or any competent authority in the Member States which carries out a judicial function in matters of succession. Other authorities whichor persons granted authority (such as notaries) that carry out by delegation of public power the functions falling within the jurisdiction of the courts as provided for in this Regulation shall be deemed to be courts.
2011/07/01
Committee: JURI
Amendment 164 #
Proposal for a regulation
Article 2 – point h – introductory part
(h) “authentic instrument”: an instrument which has been formally drawn up or registered as an authentic instrumentin accordance with the formalities required by law and the authenticity of which:
2011/07/01
Committee: JURI
Amendment 226 #
Proposal for a regulation
Article 36 – paragraph 2
(2) The use of the European Certificate of Succession shall not be obligatory. The certificate shall not be a substitute for internal procedures. However, the effects of the certificatebe drawn up, at the request of the persons concerned, in cases with a cross-border element, with a view to its use in the exercising of inheritance rights in any of the Member States. Where a European Certificate of Succession is issued, it shall be a substitute for the internal certificate, and its effects shall also be recognised in the Member State whose authorities have issued it in accordance with this Chapter.
2011/07/01
Committee: JURI
Amendment 227 #
Proposal for a regulation
Article 36 – paragraph 2 b (new)
(2b) In all other cases, a national certificate of succession shall be issued, with this being governed by the law of the individual Member State concerned.
2011/07/01
Committee: JURI
Amendment 228 #
Proposal for a regulation
Article 37 – paragraph 1
(1) The certificate shall be issued upon application by any person obliged towith a legitimate interest in provideing proof of the capacity of heir or legatee and of the powers of the executors of wills or third-party administrators.
2011/07/01
Committee: JURI
Amendment 230 #
Proposal for a regulation
Article 38 – paragraph 2
(2) The applicant must prove the accuracy of the information provided by means of authenticoriginal instruments. If the documents cannot be produced or can be produced only with disproportionate difficulties, other forms of evidence shall be admissible.
2011/07/01
Committee: JURI
Amendment 233 #
Proposal for a regulation
Article 41 – paragraph 2 a (new)
(2a) The content of the European Certificate of Succession referred to subparagraph 2 shall be mandatory in nature, but Member States may add other elements to that minimum permissible content in accordance with national legislation.
2011/07/01
Committee: JURI