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EU Cross-Border Succession Law

EU Cross-Border Succession Law

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781785365294
  • 出版时间 June 2022
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥2,561.50

¥2,484.66 Save ¥76.85 (3%)

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  • 描述 
  • 大纲 
  • 详细

    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.

    Key Features:

    • Practical analysis of the provisions of the EU Succession Regulation
    • Consideration of issues at the intersection between cross-border successions and taxation
    • Analysis of the specificities of the European Certificate of Succession and its interface with national laws
    • Study of cross-border successions in the context of both estate planning and the opening and liquidation of a succession
    • Contextualization of the EU Succession Regulation in the framework of the national law and practice of several EU Member States

    A comprehensive study of EU cross-border succession law with global reach, this book is an invaluable source of reference and guidance for practitioners specialising in estate planning, family law and property law, including judges, notaries, tax specialists and lawyers. Scholars of European succession law and conflict of laws will also find this book’s critical analysis an instrumental tool in their research.

  • Preface
    List of abbreviations
    PART I: THE SCOPE OF APPLICATION OF THE EU SUCCESSION REGULATION
    1. Definition of succession
    Peter Kindler
    2. Succession and family law
    Anna Reis
    3. Succession and trust
    Daniele Muritano
    4. Succession and property rights
    Zeno Crespi Reghizzi
    5. Succession and company law
    David Paulus
    6. The EU succession regulation and third countries
    Stefania Bariatti
    PART II: DETERMINING THE APPLICABLE LAW UNDER THE EU SUCCESSION REGULATION
    7. The law applicable to the succession: Objective connecting factors
    Peter Kindler
    8. The notion of habitual residence in Recitals 23 and 24
    Michael Kränzle
    9. Applicable law: choice of law
    Ilaria Viarengo
    10. Renvoi
    Luigi Fumagalli
    11. States with more than one legal system
    Alegría Borrás
    12. The scope of applicable law and problems of commorientes and estates without heirs
    Daniele Muritano
    13. Acceptance and waiver of the succession
    Daniele Muritano
    14. The exceptions to the application of the lex successionis
    Francesca C. Villata
    PART III: DETERMINING JURISDICTION UNDER THE EU SUCCESSION REGULATION
    15. Jurisdiction in succession matters: General rules and choice of court
    Ilaria Queirolo
    PART IV: RECOGNITION AND ENFORCEMENT OF JUDGMENTS AND OTHER INSTRUMENTS UNDER THE EU SUCCESSION REGULATION
    16. Recognition and enforcement of foreign decisions in cross-border succession matters
    Francesco Pesce and Stefano Dominelli
    17. Authentic instruments and court settlements 285
    Giulia Vallar
    PART V: THE EUROPEAN CERTIFICATE OF SUCCESSION
    18. The European certificate of succession: creation, purpose, contents, and effects 308
    Carlo Alberto Marcoz
    19. The European certificate of succession: issuance procedure 327
    Carlo Alberto Marcoz
    20. The European certificate of succession: Redress procedure and suspension of the effects of the
    certificate 345
    Carlo Alberto Marcoz
    PART VI: CROSS-BORDER SUCCESSIONS AND TAXATION
    21. Cross-border issues related to inheritance tax from the EU perspective
    Raul-Angelo Papotti and Sonia Velasco
    22. Tax aspects of cross-border successions: Notarial problems
    Daniele Muritano
    PART VII: THE IMPACT OF THE EU SUCCESSION REGULATION ON THE NATIONAL LAWS ON CROSS-BORDER SUCCESSION
    23. The impact of the EU succession regulation on Belgian law
    Elise Goossens
    24. Private international law of succession England and Wales
    Richard Frimston and Andrew Godfrey
    25. The French cross-border succession law
    Cyril Nourissat
    26. The implementation of the EU succession regulation in Germany: A concise assessment of the ‘international succession law procedure act (ISLPA)’
    Peter Kindler
    27. Private international law of succession – Italy
    Giulio Peroni
    28. Private international law of succession – Northern Ireland
    Michael Graham
    29. Private international law of succession – Scotland
    Paul Beaumont and Jayne Holliday
    30. Changes in Spanish law as a consequence of the EU succession regulation
    Lorenzo Prats Albentosa and Isidoro Calvo Vidal
    31. Remarks on the impact of the EU succession regulation on Swiss-EU successions
    Gian Paolo Romano
    32. Effects of the EU succession regulation on wills and successions connected with the United States
    Cristina M. Mariottini
    Index

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