Activities of Luigi BERLINGUER related to 2009/0157(COD)
Plenary speeches (1)
Succession and the European Certificate of Succession (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of 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 PDF (458 KB) DOC (347 KB)
Amendments (3)
Amendment 131 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) For determining the habitual residence as the centre of interests, account should be taken of the circumstances of the life of the deceased at the time of their death and during the preceding years, taking account of the duration and regularity of their presence in that particular place and the circumstances of and reasons for it.
Amendment 132 #
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) In particular, habitual residence means the place in which a person lives permanently, namely the centre of his or her family and social life, rather than the place in which the person habitually works.
Amendment 238 #
Proposal for a regulation
Article 41 – paragraph 2 a (new)
Article 41 – paragraph 2 a (new)
2a. If a Member State requires further formalities for the transfer of property deeds or other rights in rem relating to immovable succession property, or if those deeds or rights have to be publicly registered, the European Certificate of Succession shall expressly indicate those formalities and, in order to make it easier for citizens, shall refer them to the e-justice portal for the technical details. Member States which request such further formalities shall forward to the Commission all the relevant information so that it can be published on the e-justice portal and be made public.