Il certificato successorio nell’ordinamento italiano: da diritto secondo a diritto primo?

The essay examines the proposal, presented with the d.d.l. delega n. 1151/2019, to introduce a certificate of succession in Italian law on the model of the certificate created by the European regulation n. 650/2012. The paper points out that in Italian law already exists a certificate of succession: this is the certificate of succession provided for the former Austrian provinces with the r.d. 499/29, which can be regarded, albeit indirectly, as the model of the European certificate of succession. De iure condendo two aspects are principally considered, namely the consequences that a certificate of succession would have on the rules of the civil code on the apparent heir and the problem of the competence to issue the certificate (judges or notaries).