Closest equivalent rights and adaptation
1. What are the main rights in rem arising from successions in your system?
Main rights deriving from succession are the patrimonial rights of the deceased: property rights, superficies right and easement.
2. What would the role of your Land Register or registrars be in order to put in practice the principle of adaptation? What contributions could the Land Register make?
It is not the case.
- Imagine you receive a request for the registration of a foreign European Certificate of Succession. It follows from this Certificate that one of the heirs is entitled to a right that is not part of your national numerus clausus. How do you approach this problem?
The provisions of Article 31 of EU Regulation No 650/2012 shall apply. The rights subject to registration in the real publicity register are limited by national law.