INTERNATIONAL SUCCESSION

Abstract

This paper aims to address the examination of international jurisdiction and its extension when succession processes are opened by the sole circumstance of the existence of real estate located in the country. In this regard, the Civil and Commercial Code of the Nation (hereinafter CCyC) establishes in article 2643 as a general principle that said jurisdiction is assigned to Argentine judges by the last domicile of the deceased or by the location of real estate in the country with respect to them. In other words, this means that the Argentine judges will have jurisdiction if the properties are located in our territory, but they will only be able to deal with the succession regarding them, if the domicile of the deceased was abroad. In this context, it is affirmed that the jurisdiction in CCyC does not correspond solely and exclusively to the judges of the last domicile of the cujus, but rather the criterion of the patrimonial forum is consecrated, recognizing the prevailing doctrinal and jurisprudential criterion on the subject.