Predictability First! Fraus Legis, Overriding Mandatory Rules and Ordre Public under EU Regulation 650/2012 on Succession Matters

• Francesca C. Villata ^[1]
  1. [1] University of Milan

     University of Milan

     Milán, Italia

     
• Localización: Rivista di diritto internazionale privato e processuale, ISSN 0035-6174, Vol. 55, Nº. 4, 2019, págs. 714-738
• Idioma: inglés
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• Resumen

  • This paper aims at investigating: (i) how fraus legis, overriding mandatory rules and ordre public exceptions position themselves within the system of the Succession Regulation,- (ii) whether they are meant to perform their traditional function or to pursue any alternative or additional objective,- and (iii) which limits are imposed on Member States in the application of said exceptions and to what extent Member States can avail themselves of the same to preserve, if not to enforce, their respective legal traditions in this area, as acknowledged in Recital 6 of Regulation No 650/ 2012. The assumption here submitted is that the traditional notions to which those exceptions refer have been reshaped or, rather, adjusted to thc specific needs of Regulation No 650/2012 and of the entire EU private international law system, which increasingly identifies in predictability the ultimate policy goal to pursue.