The Latin-American relationships on successions in the light of the European Regulation (650/2012).

Abstract

The change of the migratory trend in Spain, as a consequence of the economic crisis that our country is going through, added to the near entry into force of the Regulation (EU) No 650/2012 on Successions, leads us to consider the impact that the European text will have on the relationships with Latin America as a destination continent for the Spaniards seeking for a better future beyond borders. The new migratory dynamic makes it necessary to bear in mind the implementation of the Latin American legislations on international succession and the utility of the conflict rules as well as the articulation of the Renvoi in article 34 of the Regulation on Successions. The challenge is not easy, given the successions overview where the differences between legislations are deep and difficult to overcome. The current study presents the different patterns of the contemporary systems of successions in Private International Law (unitary and division systems and profession iuris). Most of Latin American legislations opt for domicile as a connecting factor in the international successions’ regulation although there’s a significant use of the privilege of nationality through the articulation of substantive rules. The scope of the Latin American rules and the intervention of the Renvoi as stated in the Regulation give rise to the renounce of the longed-for principle of unity and universality of succession. These reflexions will be developed in this paper.