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The Law of Succession: Testamentary Freedom - European Perspectives

Edited by: Miriam Anderson, Esther Arroyo i Amayuelas

ISBN13: 9789089520876
Published: June 2011
Publisher: Europa Law Publishing
Country of Publication: The Netherlands
Format: Paperback
Price: £70.00



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The Law of Succession, which has been traditionally confined to domestic limits, is becoming a frequent topic of discussion in international forums, due to the increasing mobility of people and assets. Freedom of testation is in the centre of all initiatives tending to harmonize or at least approximate legislations in this field, even if, to date, efforts in this direction have focused on international private law. In April 2010, an international conference was held in Barcelona, where the scope of freedom of testation was checked against the limitations imposed by human rights, by domestic rules granting forced shares and other rights to the deceased's next of kin, and by provisions dealing with inheritance agreements. The conference stemmed from the new Catalan legislation and proceeded to cover other national systems. These reports, together with other contributions by experts from different countries commissioned specially for this publication, address, as well as Continental domestic regulations, the English common law system and Eastern European solutions. A general overview on the need and opportunity of convergence in the law of succession and on the proposed EU Regulation on Successions and Wills, as an initial move towards harmonization, are broached from the outset; the diversity of solutions that this volume presents confirms its convenience.

Subjects:
Comparative Law, Wills and Probate, European Jurisdictions
Contents:
Preface
Contents
Abbreviations
Authors
Part I. Harmonization of Succession Law in Europe: The Current Debate
Chapter 1. Need and Opportunity of Convergence in European Succession Laws
Walter Pintens
Chapter 2. Testamentary Freedom or Forced Heirship? Balancing Party Autonomy and the Protection of Family Members
Andrea Bonomi
Part II. New Trends in Catalan Succession Law
Chapter 3. Between Tradition and Modernisation: A General Overview of the Catalan Succession Law Reform
Esther Arroyo Amayuelas – Miriam Anderson
Chapter 4. Testamentary Freedom and Its Limits
Esteve Bosch Capdevila
Chapter 5. Freedom of Testation, Compulsory Share and Disinheritance Based on Lack of Family Relationship
Antoni Vaquer Aloy
Chapter 6. Freedom of Testation Versus Freedom to Enter Into Succession Agreements and Transaction Costs
Susana Navas Navarro
Part III. National Perspectives on the Law of Succession in the 21st Century
Chapter 7. Freedom of Testation in England and Wales
Roger Kerridge
Chapter 8. Law of Succession and Testamentary Freedom in Germany
A. Röthel
Chapter 9. The Law of Succession in Hungary
Zoltán Csehi
Chapter 10. Freedom of Testation in Italy
Andrea Fusaro
Chapter 11. Acquisition of Property by Succession in Dutch Law. Tradition between Autonomy and Solidarity in a Changing Society
J. Michael Milo
Chapter 12. The Norwegian Approach to Forced Share, the Surviving Spouse’s Position and Irrevocable Wills
Peter Hambro
Chapter 13. Restraints on Freedom of Testation in Scottish Succession Law
Eric Clive
Chapter 14. Freedom of Testation in Slovenia
Suzana Kralji
Chapter 15. Freedom of Testation, Legal Inheritance Rights and Public Order under Spanish Law
Sergio Cámara Lapuente
Bibliography