Provisional measures, Article 19
This part concerns Article 19[1]
A succession may require provisional measures to be taken promptly. In this case, the court may be seised of and rule on such provisional measures, even if it is not the court that will be seised of the dispute as to the succession.
Example :
Marcello, an Italian national, lives in Milan. He is the owner of a small building in the French Alps where he rents out apartments to holidaymakers.
Marcello died on 17 September 2015, leaving behind him his wife Simona and a son, Luigi, who lives in France.
Simona and Luigi do not agree on what to do about the building in the French Alps. Simona wishes to sell it while Luigi wants to continue renting it out to holidaymakers, even though some work is required to renovate the apartments.
Luigi applies to a court in France to have a provisional administrator appointed to carry on the rentals, collect the rents and pay for the renovation work.
The French court may order such a measure, even if it does not have jurisdiction to settle Marcello’s succession, which will be a matter for an Italian court as the place of habitual residence of the deceased.