UM (Contrat translatif de propriete mortis causa) (Opinion) French Text [2021] EUECJ C-277/20_O (01 July 2021)

UM (Contrat translatif de propriete mortis causa) (Opinion) French Text [2021] EUECJ C-277/20_O (01 July 2021)

A donation mortis causa, where the transfer of property to the donee occurs only at the donor's death, constitutes a 'pacte successoral' under Article 3(1)(b) of Regulation 650/2012, provided the agreement creates rights in the future succession. Such acts fall within the Regulation's scope, not within the exclusion...

Source-derived case information.

Citation
[2021] EUECJ C-277/20_O
Parties
Applicant: UM; Respondent: HW (as administrator of the estate of ZL)
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (opinion of Advocate General) / Preliminary Reference Before the Court of Justice of the European Union (cjeu), Opinion Stage
Outcome
Opinion: Article 3(1)(b) of Regulation 650/2012 covers donations mortis causa as 'pactes successoraux' if the transfer occurs only at death; no answer needed on Article 83(2) applicability as the choice of law did not cover the whole succession.
Legal Topics
Interpretation of Regulation (eu) No 650/2012, Scope of 'pacte Successoral' (succession Agreement), Donations Mortis Causa, Choice of Law in Succession, Transitional Provisions Under Article 83 of Regulation 650/2012
Private International Law Succession Law European Union Law Interpretation of Regulation (eu) No 650/2012 Scope of 'pacte Successoral' (succession Agreement) Donations Mortis Causa Choice of Law in Succession Transitional Provisions Under Article 83 of Regulation 650/2012

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Parties

UM

Applicant

HW (as administrator of the estate of ZL)

Respondent

Procedural Posture

Preliminary Reference (opinion of Advocate General) / Preliminary Reference Before the Court of Justice of the European Union (cjeu), Opinion Stage

  1. 1 Whether a donation mortis causa (donation to take effect at death) qualifies as a 'pacte successoral' under Article 3(1)(b) of Regulation (EU) No 650/2012
  2. 2 Whether Article 83(2) of Regulation 650/2012 applies to the validity of a choice of law made before 17 August 2015 for such an agreement

Ratio Decidendi

A donation mortis causa, where the transfer of property to the donee occurs only at the donor's death, constitutes a 'pacte successoral' under Article 3(1)(b) of Regulation 650/2012, provided the agreement creates rights in the future succession. Such acts fall within the Regulation's scope, not within the exclusion for inter vivos gifts. The qualification of the act depends on the law applicable to succession under the Regulation. Article 83(2) on transitional provisions does not apply if the choice of law was not made for the entire succession.

Court Disposition

Opinion: Article 3(1)(b) of Regulation 650/2012 covers donations mortis causa as 'pactes successoraux' if the transfer occurs only at death; no answer needed on Article 83(2) applicability as the choice of law did not cover the whole succession.