The Application of the Foral Successory Law to Foreigners

Back with the Civil Neighborhood

  • Esperanza Castellanos Ruiz Universidad Carlos III de Madrid
Keywords: international succession, Regulations (EU) 650/2012, referral to the law of a plurilegislative State, conflits of domestic and international laws Civil neighborhood, foral law and foreigners

Abstract

This commentary deals with the problem, doctrinally not at all peaceful, on the application of Foral Inheritance Law to foreigners residing in Spain, as a consequence of the designation of the Spanish law, through the norms contained in the European Regulation 650/2012. Bearing in mind that the Spanish legal system is multi-legislative with a territorial basis, the application of regional law to foreigners is proposed through the solution contemplated in art. 36 of the Inheritance Regulation. For this, the RDGSJFP of January 20, 2022 will be studied, where the application of the Galician Inheritance Law to a French national residing in Galicia is proposed.

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Published
2022-09-29
How to Cite
Castellanos Ruiz, E. (2022). The Application of the Foral Successory Law to Foreigners: Back with the Civil Neighborhood. CUADERNOS DE DERECHO TRANSNACIONAL, 14(2), 262-274. https://doi.org/10.20318/cdt.2022.7183
Section
Estudios