Sucesión internacional y reenvío

Abstract

The last judgments of the Spanish Courts have given a relevant role to the so called renvoi. As an instrument of Justice in the world of Conflicts of Laws, renvoi can be used as legal device to improve localization of «international» successions. This essay shows how the three most remarkable decisions of the Spanish Supreme Court concerning renvoi in the field of succession can be listened like three different movements played by one single orchestra. Renvoi in favor of the Spanish Substantive Law may be accepted when the deceased’s last domicile was in Spain and all the inmovables involved in the succession are situated in Spain. In any case, renvoi can not provoke the legal splitting of the succession, because under Spanish Law, succession must be governed by one single Law only.

Keywords

• sucesión mortis causa
• reenvío
• testamentos
• conflicto de leyes
• ley nacional