Impact of the Regulation 650/2012 in matter of succession on extracommunity relationships linked to Spain and Morocco

Abstract

The increase of cross-border travel has also caused an increase of Spanish-Moroccan inheritance relationships: deaths of Moroccan, who left heritage in Spain or in Morocco, are frequent; also Spanish and Moroccan residents with assets in both countries; Moroccans that acquire Spanish citizenship and have family in Spain and Morocco. These inheritance relationships are regulated very differently in Spain and Morocco. Regulation 650/2012 of 4 July 2012, 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 an European certificate of inheritances all apply as from August 17, 2015, which will introduce major changes in the succession rules of private international law in Spain and this will affect inheritance Spanish-Moroccan relationships. Does it increase or decrease the chances of applying to the Spanish-Moroccan relationship the national law? Does the renvoi mechanism expand the possibilities that, in all cases, the law of the forum applies equally? These questions justify the opportunity to analyze this issue in order to try to analyze the feasibility of the continuity of the Spanish-Moroccan relations in space.