Key Benefits:
Law of 5 November 2014 implementing the Regulation (EU) No Parliament and Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of judgments and the acceptance and enforcement of authentic instruments in the field of civil protection succession, as well as on the establishment of a European Certificate of Inheritance (PbEU 2012, L 201) (Statutory Inheritance Law)
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that legislation is necessary to implement the Regulation (EU). Parliament and Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of judgments and the acceptance and enforcement of authentic instruments in the field of civil protection succession, as well as on the establishment of a European Certificate of Inheritance (PbEU 2012, L 201);
It is true that we, the Department of Consultative Affairs of the Council of State, and with the mean consultations of the States-General, have found and understand the same as We approve and understand:
For the purposes of the application of the Articles 2 to 9 This law is defined as 'the Regulation': the Regulation (EU) Parliament and Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of judgments and the acceptance and enforcement of authentic instruments in the field of civil protection succession, as well as on the establishment of a European Certificate of Inheritance (PbEU 2012, L 201).
1 An heir may, on the basis of Article 13 of the Regulation, make a declaration as intended Article 191 (1), first sentence, of Book 4 of the Civil Code At the Registry of the court of his place of residence.
2 A legal representative of an heir may, on the basis of Article 13 of the Regulation, make a declaration as intended Article 193 (1) of Book 4 of the Civil Code At the Registry of the court of his place of residence.
3 A legatee may make a declaration on acceptance or rejection of a lesson referred to in Article 13 of the Regulation at the Registry of the court of his place of residence. The certificate shall be entered in the register of register.
1 The application for enforcement, referred to in Article 43 of the Regulation, shall be requested by application to the supply court. The Articles 985 to 990 of the Code of Civil Procedure are not applicable.
2 For the submission of the petition, the assistance of a lawyer is not required.
3 The application shall be made in the Dutch language, without prejudice to: Article 15 of the Law uses Frisian language .
4 Without prejudice to Article 47 of the Regulation, when the documents submitted to the application are insufficiently sufficient, the applicant shall be given an opportunity to supplement it.
5 Acceptance of the request takes the form of a simple leave of leave, which shall be made on the copy of the decision, which has been submitted by the competent authority.
6 For the purposes of the application of the Law Registry on Civil Matters the request shall be deemed to be of an indefinite value.
7 On request for recognition, as provided for in Chapter IV of the Regulation, the preceding paragraphs shall apply mutatis mutandis.
1 The court of jurisdiction of which the court of provision has decided on the application for recognition or enforcement shall be aware of the legal remedy provided for in Article 50 of the Regulation. Article 93 of the Code of Civil Procedure does not apply.
The appeal referred to in Article 50 of the Regulation shall, if it is brought by the applicant, be instituted within 30 days of the day following the day of the decision rejecting the leave.
3 The legal remedy referred to in Article 51 of the Regulation is: appeal in cassation.
4 The appeal referred to in Article 50 of the Regulation and the appeal referred to in Article 51 of the Regulation shall be set up and dealt with in application of the rules for the application of the application procedure at first instance. Cassation.
For the purposes of the application of the Law Registry rights in civil matters the application for a appeal shall be deemed to be of an indefinite value.
1 The application for enforcement, referred to in Article 60 of the Regulation, shall be requested by application to the supply court. Article 993 of the Code of Civil Procedure does not apply.
2 On requests referred to in paragraph 1 above, Article 3, second to sixth paragraphs , and Article 4 applicable mutatis mutandis.
The authority referred to in the second sentence of Article 59, first paragraph, and Article 60, second paragraph, of the Regulation shall be the notary which has taken over the authentic instrument or notary which has taken over its protocol.
The Articles 3 and 4 shall apply mutatis mutandis to the leave to implement a court settlement as provided for in Article 61 of the Regulation.
The issuing authority within the meaning of Article 64 of the Regulation shall be designated: a notary with a location in the Netherlands.
1 The court of appeal of the place where the notary who has issued the European Certificate of SuccProcedure holds office shall be empowered to take a legal remedy as provided for in Article 72 (1) of the Regulation. The remedy shall be established and dealt with in accordance with the rules for the application of the application procedure.
2 If the court judge finds that the European Certificate does not correspond to reality, as referred to in the first sentence of Article 72 (2) of the Regulation, he shall fix a period within which the person concerned shall be entitled to Article 8 the issuing authority shall correct, amend or revoke this declaration.
3 When the application referred to in the second sentence of Article 72 (2) of the Regulation is allocated, the cantonjudge shall fix a period within which the Article 8 The issuing authority must take a new decision.
4 No appeal shall be opened against a decision pursuant to the second or third paragraph.
This Act shall enter into force with effect from 17 August 2015.
This law is cited as: Implementing Law Regulation inheritance law.
Burdens and orders, that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and civil servants who so far as to do so will keep their hands on the precise execution.
Entry
Wassenaar, 5 November 2014
William-Alexander
The Secretary of State for Security and Justice,
F. Teeven
Issued the 14th of November 2014The Minister for Security and Justice,
I. W. Opstelten
