PATRIMONIAL ISSUES IN INTERNATIONAL SUCCESSIONS LAW

European Court of Human Rights, Grand Chamber, 19 December 2018, case Molla Sali c. Greece

Sharia law applied to an inheritance dispute contrary to the will of the testator, a Greek person belonging to the Muslim minority: violation of the Convention.

European Court of Human Rights, 14 march 2019, case Quilichini c. France

Relying on Article 14 (prohibition of discrimination) of the European Convention on Human Rights and on Article 1 of Protocol No. 1 (protection of property) of the Convention, the applicant argued that she had been treated differently from the other heirs in a disproportionate manner, as regards the division of property in 2005, following the modification in the French law establishing the principle of equality, for inheritance purposes, between all children.

Cass. civ., 15 maggio 2019, n. 13000

The child born from practices of medically homologous assisted procreation, with the use of the cryoconservated semen of a person who gave his consent in accordance with art. 6 law no 40/2004 to the use of those practices also “post mortem”, and who died before the embryo was formed, assumes the status of son of that married man with respect to the general assumption (foreseen in art. 8 law no. 40/2004) according to which consent is crucial for the attribution of parenthood to all persons born as a result of marriage.