ABSTRACT
Pursuant to the provisions of Regulation No 650/2012, ordre public is a legal concept that protects the fundamental values and principles of legal order in an EU Member State. Courts that adjudicate over succession matters apply the public policy exception to protect the fundamental principles of legal order in their respective countries. In practice, the public policy exception is applied to disregard the provisions of a foreign law that discriminate potential successors (eg, on grounds of sex or age) and to enforce that law on the assumption that the grounds of discrimination do not exist in the examined case.
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Maciej Rzewuski and Magdalena Rzewuska, The public policy (Ordre Public) exception in succession cases in the European Union, Trusts & Trustees. Published 10 June 2025.
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