The Italian-Swiss convention on international succession represents a unique bilateral agreement in the European legal landscape. Signed in 1868 and entered into force in 1869, this convention establishes specific rules for the settlement of successions involving Italian and Swiss nationals. It is distinguished by its longevity and its particular approach to the management of cross-border successions, offering a legal framework distinct from the usual rules of private international law. This convention has a considerable influence on estate planning and dispute resolution for families with ties to these two countries, thus creating a sui generis legal regime at the heart of Europe.
The Italian-Swiss convention on successions has its roots in the historical context of the 19th century, a period marked by significant migratory movements between Italy and Switzerland. Faced with an increase in cross-border successions, the two states felt the need to create a stable and predictable legal framework for their citizens.
This bilateral convention is part of a tradition of close diplomatic relations between the two countries. It reflects the common desire to simplify inheritance procedures and guarantee better protection of the rights of heirs, regardless of their place of residence or the location of the inheritance assets.
Legally, the Italian-Swiss convention stands out for its innovative approach for the time. It establishes rules of legal jurisdiction and applicable law that differ from the generally accepted principles of private international law. This specificity has allowed the convention to stand the test of time, retaining its relevance despite the evolution of international inheritance law.
These characteristics have shaped a unique approach to the management of international estates between these two countries, creating an island of legal stability in an often complex area of private international law.
The principle of unity of the succession constitutes one of the fundamental pillars of the Italian-Swiss convention. Contrary to many legal systems which apply different rules to movable and immovable property, this convention treats the entire estate as a single entity.
This unitary approach has several advantages:
In practice, this principle means that a single law applies to the entire estate, whether the assets are located in Italy, Switzerland or a third country. This approach contrasts with the private international law rules of many countries, which can lead to the fragmentation of the estate according to the nature and location of the assets.
The principle of unity of the estate offers greater legal certainty for people wishing to plan their estate. It allows for the transmission of the estate to be considered in a comprehensive manner, without having to take into account the specificities related to the location of the assets.
This approach facilitates in particular:
However, it should be noted that this principle can sometimes conflict with the private international law rules of other countries, particularly when real estate is located outside Italy and Switzerland. In these cases, a thorough analysis of the situation is necessary to anticipate possible complications.
The Italian-Swiss convention establishes specific rules of legal jurisdiction that differ from the principles usually applied in matters of international inheritance. It assigns exclusive jurisdiction to the authorities of the deceased’s last domicile for the entire inheritance.
This single jurisdiction rule has several advantages:
In practice, this means that if an Italian national dies with their last domicile in Switzerland, the Swiss authorities will have exclusive jurisdiction to deal with the entire estate, including property located in Italy. Conversely, if a Swiss national dies with their last domicile in Italy, the Italian authorities will have exclusive jurisdiction.
The concept of last domicile is of paramount importance in the application of the convention. It determines not only the judicial competence, but also indirectly influences the law applicable to the succession.
The criteria taken into account to determine the last domicile include:
It should be noted that determining the last domicile can sometimes be complex, particularly for people with close ties to both countries. In these situations, a thorough analysis of the factual circumstances is necessary to establish domicile within the meaning of the convention.
The Italian-Swiss convention adopts an original approach to the law applicable to inheritance. Unlike many legal systems that apply the law of the deceased’s last domicile or last habitual residence, this convention provides for the application of the deceased’s national law to the entire inheritance.
This rule has several special features:
Thus, for an Italian national who dies in Switzerland, Italian law will apply to his entire estate, including property located in Switzerland. Similarly, for a Swiss national who dies in Italy, Swiss law will govern his or her estate, including property located in Italy.
The application of the deceased’s national law can have significant consequences for the settlement of the estate. In particular, it can influence
It should be noted that this rule can sometimes lead to the application of a law that is unfamiliar to the authorities of the country where the inheritance procedure is taking place. In these cases, it may be necessary to call on experts in foreign law to ensure that the deceased’s national law is applied correctly.
The Italian-Swiss convention establishes a system of mutual recognition of judicial decisions in inheritance matters between Italy and Switzerland. This mechanism aims to facilitate the enforcement of judgments and to avoid redundant procedures in both countries.
The main aspects of this recognition system are:
This system of mutual recognition contributes greatly to the effectiveness of the convention by ensuring legal continuity between the two countries. In particular, it avoids stalemate situations where an inheritance decision would be valid in one country but not recognized in the other.
The exequatur procedure, necessary to make a foreign decision enforceable, is simplified under the Italian-Swiss convention. This simplification translates into
This streamlined procedure greatly facilitates the practical implementation of inheritance decisions, particularly when assets are located in both countries.
The Italian-Swiss convention on successions, despite its age, continues to play a significant role in the contemporary legal landscape. Its application raises complex questions in an era of increased international mobility and the evolution of European inheritance law.
Among the aspects to consider are:
The Italian-Swiss convention offers a stable and predictable legal framework for successions involving Italian and Swiss nationals. However, its application can be complex in certain situations, requiring specialized legal expertise.
In this context, it is often essential to use lawyers specialized in private international law and cross-border estate planning. These professionals can provide significant added value by:
The expertise of a specialized lawyer makes it possible to navigate effectively through the complexities of the Italian-Swiss convention and to ensure optimal management of international successions between these two countries.
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