Entrepreneurial aspects of the EU Succession Regulation

Abstract

This article investigates entrepreneurial aspects of succession law under the EU Succession Regulation. The subject area of entrepreneurial succession takes on a new dimension in a cross-border context. It is now the rule that there is at least one foreign connection within an entrepreneurial family: this may be the case due to a foreign nationality, a foreign habitual residence of the entrepreneur or the existence of company assets abroad, etc. Consequently, the entire process of business succession is strongly influenced by rules of private international law and must be viewed from a new – namely international – standpoint. Each EU Member State has its own conflict of law rules with regard to succession law, which provides an answer to the question of which law should be applied when there is an interference with other legal systems. For the territory of the EU, there has been an EU-wide inheritance law since August 2015 that answers this question – the so – called EU Succession Regulation, which also applies to entrepreneurs in their legal status as natural persons. Despite the fact that company law is explicitly excluded from the scope of application of the EU Succession Regulation, its interfaces with company law are of great practical relevance for the succession of the deceased entrepreneur. The aim of this article is to highlight the various legal aspects of the business succession under the EU Succession Regulation and distinguish them from the rules of private international law.