# Public policy

The public policy exception is set out in Article 35 of the Regulation. This exception can result in the specified law being that of a Member State or not.

However, it is no doubt in relations with third States that this exception will be invoked most frequently.

The European Union Member States share the same values and the same legal tradition.

They are all bound by the Charter of Fundamental Rights of the European Union and parties to the European Convention on Human Rights. Risks of breaching the public policy of the forum are therefore more limited.

Some third States, however, do not share the same values.

Such is the case of Muslim states, more particularly. A wife is less well protected there than a husband, or daughters receive half as much as their brothers and religion may be of decisive importance to status as an heir.

If the rules of conflict contained in the Regulation result in specifying such a discriminatory law, it should be possible to set it aside on the grounds that it is contrary to public policy.

## In further detail...

In the future, the question will be to know the terms on which we are entitled to invoke the public policy exception.

- In other words, from what point can it be considered that the foreign law breaches the fundamental principles of the forum?

- Should we demand that the deceased should have the nationality of or his residence in the State whose authorities are in charge of settling the succession?

- Can we consider the fact that the assets of the deceased are located in that Member State to be sufficient?