Successioni italo-svizzere: alcune problematiche alla luce del Regolamento UE 650/2012

Di Marco Lucheschi e Davide Marchesini Mascheroni -

Italian-swiss successions are governed by the Consular Treaty of 1868, whose art. 17 is subject to different interpretations by the legal literature as for the applicable law. Since the EU Regulation no. 650/2012 entered into force, the new EU-wide rules have caused considerable changes in any succession opened after August 17th 2015, with particular regard to the succession of an Italian citizen who was usually living in Switzerland. In this respect, some uncertainties about the law applicable to the succession still exist.

This article examines the changed regulatory framework and investigates the most critical aspects which come to evidence when the European legislation is read in combination with the Consular Treaty. In this way, we aim to deliver some new arguments in order to address the still unsolved issues.