The ‘confusing’ interaction between international and domestic conflicts of laws in the application of succession regulations

Abstract

This paper analyses the relationship between the European Succession Regulation and coexisting civil laws in the Spanish legal system based on a series of resolutions issued by the Directorate General of Security and Public Trust developed during the first ten years of application of the European regulation. This is a particularly opportune moment to do so, as the first ten years of application of the European Succession Regulation coincide with the fiftieth anniversary of the enactment of the Preliminary Title of the Civil Code, which consolidated the structure of the system for resolving conflicts of laws in the Spanish legal system, committing to a unified approach to resolving conflicts of international and domestic laws. The rulings examined deal with the relationship between the domestic and international dimensions of conflicts of laws in the application of the European Succession Regulation and, therefore, its rules on referral to multi–legislative systems. The coexistence of both dimensions covered by the European Succession Regulation reflects a difference in solutions for resolving conflicts of laws depending on whether they are international or strictly domestic, which reflects a breakdown in the pre–established system and leads to a lack of clarity and consistency in practical application by legal operators.