Eu Cross Border Succession Law
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| Author | : Bariatti, Stefania |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 576 |
| Release | : 2022-06-10 |
| Genre | : Law |
| ISBN | : 1785365304 |
With cross-border successions becoming increasingly common in the context of the European Union, this timely book offers a systematic practical analysis of how cross-border successions should be treated, including examination of which courts may establish jurisdiction over succession disputes and which law governs such disputes. Studying cross-border successions in the context of estate planning and in the opening and liquidation of a succession, it examines the specificities of the European Certificate of Succession, contextualising it within its interface with the national laws and practice of EU Member States.
| Author | : Maria Gigliola di Renzo Villata |
| Publisher | : Springer |
| Total Pages | : 652 |
| Release | : 2018-03-19 |
| Genre | : Law |
| ISBN | : 3319762583 |
This book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history. It examines society and legal practice in Europe from the Middle Ages to the present from both a legal and a sociological perspective. The contributing authors investigate various aspects of succession law that have not yet been thoroughly examined by legal historians, and in doing so they not only add to our knowledge of past succession law but also provide a valuable key to interpreting and understanding current European succession law. Readers can explore such issues as the importance of a father’s permission to marry in relation to disinheritance, as well as inheritance transactions and private, dynastic and cross-border successions. Further themes addressed by the expert contributors include women’s inheritance rights, the laws of succession for the prince in legal consulting, and succession in the Rota Romana’s jurisprudence.
| Author | : Ulf Bergquist |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : 9783504384524 |
This concise article-by-article commentary discusses all the crucial points of the new EU Regulation No. 650/2012 of 4 July 2012 on cross-border estates, with particular focus on the following issues: the law applicable to a succession being the law of the State in which the deceased had his habitual residence at the time of death, which is also relevant for jurisdiction for contentious succession matters, election as to the applicable law, recognition and enforcement, authentic instruments, the European Certificate of Succession. This book turns the Regulation into an easily understandable text for all users, practitioners, academics or students and - authored by members of the experts group that formulated the Commission's draft proposal from six European countries - reflects perspectives from differing legal systems.
| Author | : Nadjma Yassari |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2019 |
| Genre | : Conflict of laws |
| ISBN | : 9781780686646 |
This book analyses the background, scope and practical impact of bilateral treaties and multilateral conventions concluded by selected Member States of the European Union with Third States, both from the European and the Third State perspective.
| Author | : David J. Hayton |
| Publisher | : Jordan Publishing (GB) |
| Total Pages | : 399 |
| Release | : 1998 |
| Genre | : Conflict of laws |
| ISBN | : 9780853084440 |
A guide to succession law and estate administration in all of the major European jurisdictions, including cross-border succession issues under the Hague Conventions.
| Author | : David J. Hayton |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 1998 |
| Genre | : Conflict of laws |
| ISBN | : 9781853084447 |
| Author | : Alfonso-Luis Calvo Caravaca |
| Publisher | : Cambridge University Press |
| Total Pages | : 0 |
| Release | : 2016-10-20 |
| Genre | : Law |
| ISBN | : 9781107127302 |
The European Succession Regulation is a landmark in the field of EU private international law. It unifies the conflicts of laws, jurisdiction and recognition of foreign judgments and some other legal instruments in the field of succession and wills. This volume provides an article-by-article commentary on the individual provisions of the Regulation, introduced by an overview of its general framework and underlying principles. As a reference tool for the Regulation, this book is intended to promote a high standard of interpretation and application. With contributions from leading scholars in the field, it uses a comparative approach in its analysis to enrich the academic debate and highlight the problems likely to arise in the practical application of the Regulation.
| Author | : Ilaria Viarengo |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 975 |
| Release | : 2020-10-15 |
| Genre | : Law |
| ISBN | : 1509919872 |
This book is built upon the outcomes of the EUFam's Project, financially supported by the EU Civil Justice Programme and led by the University of Milan. Also involved are the Universities of Heidelberg, Osijek, Valencia and Verona, the MPI in Luxembourg, the Italian and Spanish Family Lawyers Associations and training academies for judges in Italy and Croatia. The book seeks to offer an exhaustive overview of the regulatory framework of private international law in family and succession matters. The book addresses current features of the Brussels IIa, Rome III, Maintenance and Succession Regulations, the 2007 Hague Protocol, the 2007 Hague Recovery Convention and new Regulations on Property Regimes. The contributions are authored by more than 30 experts in cross-border family and succession matters. They introduce social and cultural issues of cross-border families, set up the scope of all EU family and succession regulations, examine rules on jurisdiction, applicable law and recognition and enforcement regimes and focus on the current problems of EU family and succession law (lis pendens in third States, forum necessitatis, Brexit and interactions with other legal instruments). The book also contains national reports from 6 Member States and annexes of interest for both legal scholars and practitioners (policy guidelines, model clauses and protocols).
| Author | : Alfonso-Luis Calvo Caravaca |
| Publisher | : Cambridge University Press |
| Total Pages | : 1476 |
| Release | : 2016-10-20 |
| Genre | : Law |
| ISBN | : 1316889351 |
The European Succession Regulation is a landmark in the field of EU private international law. It unifies the conflicts of laws, jurisdiction and recognition of foreign judgments and some other legal instruments in the field of succession and wills. This volume provides an article-by-article commentary on the individual provisions of the Regulation, introduced by an overview of its general framework and underlying principles. As a reference tool for the Regulation, this book is intended to promote a high standard of interpretation and application. With contributions from leading scholars in the field, it uses a comparative approach in its analysis to enrich the academic debate and highlight the problems likely to arise in the practical application of the Regulation.
| Author | : Mireia Artigot-Golobardes |
| Publisher | : |
| Total Pages | : 34 |
| Release | : 2018 |
| Genre | : |
| ISBN | : |
This paper addresses recent changes in European succession law brought about by the European Commission's "Regulation on jurisdiction, applicable law, recognition and enforcement of decisions in matters of succession." One of the most important issues that this Regulation addresses is the determination of the law applicable to a given succession for nationals of one member state with habitual residence in another member state. The Regulation provides that successions for those who die in this situation are governed by the law of the state in which they had their habitual residence at death. This paper questions whether the Regulation will simplify and reduce transaction costs in cross-border successions from two perspectives: First, from the perspective of whether the Regulation will increase or decrease the application of a given state's substantive succession law, and, second, from the perspective of the effect of its choice of laws rule on property entitlements given the variation in forced inheritance rules and clawback provisions across EU member states. These issues raise important questions about whether the Regulation will bring about the simplicity its drafters seek.
