November 14, 2023 / Explotación
ELRA as an Associated Party, supports the project contributing to its completion and benefiting from its results.
The EU Adapt Project, supported by the European Union, aims to provide an informatic tool for national authorities dealing with cross-border successions which are called upon to the adaptation of rights in rem (article 31 of European Succession Regulation).
Partners: Universities of Valencia, Coimbra, Genoa, Heidelberg and Turku.
The App is intended to ease the problem generated when a person invokes a right in rem to which he is entitled under the law applicable to the succession and the law of the Member State in which the right is invoked does not know the right in rem in question
How?
- Making a standard description of each right in rem in the 25 Member States bound to the European Succession Regulation;
- Identifying the aims and the interests pursued by the specific right in rem and the effects attached to it (cf. Article 31 ESR);
- Suggesting a correspondence between the right in rem granted by the lex successionis and the rights in rem known in the country where the property is located;
- Providing sufficient juridical support for Land Registrars (or any other authority dealing with the succession).
Which are the phases of the project?
- Identification and analysis of all rights in rem in all Member States bound to the European Succession Regulation
- Drawing of a standard description of all rights in rem in all Member States bound to the European Succession Regulation
- Drawing matches between all rights identified
- Building an EU-adapt informatic tool (possibly integrated in ELRN or in IMOLA)
ELRA contribution to the project:
ELRA has delivered questionnaires to its ELRN Contact Points to collect information from the different member states that will help for a better understanding of the features the rights in rem of each country.
The idea is for the EU-Adapt App to be inserted in existing networks of civil justice cooperation as it is on our ELRA website.
