Matrimonial property regimen, succession rights of the surviving spouse and European Certificate of Succession: an explosive

Abstract

The goal of this paper is to the Judgment of the European Court of Justice of 1 March 2018, Known as Mahnkopf affair. This case is interesting not only because of what the CJEU establishes but also because of what is silent. This is because this case brings up legal problems of great importance to private international law such as the problem of qualification. But above all, it puts on the table an aspect that will be key in European succession law. It is the relationship between succesion law and aspects related to the matrimonial property regime and how these elements can be reflected in the new instrument created by the Regulation 650/2012, the European Certificate of Succession.