The application of regional civil legislation to foreigners by virtue of Regulation (EU) no. 650/2012. Special reference to the succession agreement of definition contemplated in the Compilation of Civil Law of the Balearic Islands

Abstract

The purpose of this study is to analyze how a regional civil legislation should be applied to foreigners under Regulation (EU) no. 650/2012. And this, regarding the ruling of the Superior Court of Justice of the Balearic Islands of May 14, 2021, in which the application of Balearic civil legislation is analyzed in relation to a succession agreement of definition made by a French citizen. Specifically, we analyze whether the Majorcan neighborhood requirement can be demanded of foreign citizens when they are subject to the Balearic Islands’ law, determining whether this requirement is of a material nature or whether it has the characteristics of a conflict of law rule.