The Eu S Regulation On Succession

Author : Alfonso-Luis Calvo Caravaca,Angelo Davì,Heinz-Peter Mansel
Publisher : Cambridge University Press
Page : 0 pages
File Size : 43,8 Mb
Release : 2016-10-20
Category : Law
ISBN : 1107127300

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The EU Succession Regulation by Alfonso-Luis Calvo Caravaca,Angelo Davì,Heinz-Peter Mansel Pdf

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 : Ulf Bergquist,Domenico Damascelli,Richard Frimston,Paul Lagarde,Felix Odersky,Barbara Reinhartz
Publisher : Verlag Dr. Otto Schmidt
Page : 390 pages
File Size : 54,6 Mb
Release : 2015
Category : Inheritance and succession
ISBN : 3504080019

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EU Regulation on Succession and Wills by Ulf Bergquist,Domenico Damascelli,Richard Frimston,Paul Lagarde,Felix Odersky,Barbara Reinhartz Pdf

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 : Alfonso-Luis Calvo Caravaca,Angelo Davì,Heinz-Peter Mansel
Publisher : Cambridge University Press
Page : 1476 pages
File Size : 49,9 Mb
Release : 2016-10-20
Category : Law
ISBN : 9781316889350

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The EU Succession Regulation by Alfonso-Luis Calvo Caravaca,Angelo Davì,Heinz-Peter Mansel Pdf

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 : Great Britain: Parliament: House of Lords: European Union Committee
Publisher : The Stationery Office
Page : 144 pages
File Size : 54,9 Mb
Release : 2010-03-24
Category : Business & Economics
ISBN : 0108459756

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The EU's regulation on succession by Great Britain: Parliament: House of Lords: European Union Committee Pdf

This is the sixth report from the European Union Committee of the 2009-10 session and looks at the EU's Regulation on Succession (HLP 75, ISBN 9780108459757). In October 2009 the EU Commission proposed legislation which aims to simplify the law affecting those who die having exercised their right to free movement, either by moving to another Member State to live or by buying property in a Member State other than their own. The law of succession regulates how a person's property is dealt with on their death - including the mechanism for paying taxes and other creditors, establishing who is entitled to inherit the deceased's property and how that property is to be transferred to those entitled to it. Where this involves the law of more than one Member State complications arise which can have a significant impact since the people affected are likely to be emotionally vulnerable because of bereavement. The Committee states it welcomes the fact that the Commission has not proposed harmonisation of the substantive law of succession and support the Commission's underlying, and more limited, objective of prescribing which state's law ofsuccession is to apply to the whole of a deceased person's estate; but only to the extent of determining who is entitled to inherit what property. The Committee believes to go further puts at risk important interests, not least property rights, the collection of taxes and the protection of creditors. The Committee also identifies a serious defect in the EU's proposal that it could result in gifts made in the UK by deceased persons during their lifetime, including gifts to charity, being claimed back by their heirs, under a process known as clawback.

Author : Richard Dew,Richard Frimston
Publisher : Unknown
Page : 238 pages
File Size : 42,7 Mb
Release : 2020-12-16
Category : Electronic
ISBN : 1911035851

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A pratical guide to the EU succession regulation by Richard Dew,Richard Frimston Pdf

The EU Succession Regulation applies to the estates of any person dying with assets in a European country. It will continue to apply after Brexit. In this book the authors explain the Regulation and the complexities it causes in a comprehensive and comprehensible way, with an eye to both the novice and the experienced private international lawyer -- Provided by publisher.

Author : Stefania Bariatti,Ilaria Viarengo,Francesca C. Villata
Publisher : Unknown
Page : 848 pages
File Size : 48,8 Mb
Release : 2022-06-28
Category : Electronic
ISBN : 1785365290

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EU Cross-Border Succession Law by Stefania Bariatti,Ilaria Viarengo,Francesca C. Villata Pdf

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.

Author : Louis Garb,John Wood
Publisher : Oxford University Press, USA
Page : 841 pages
File Size : 49,5 Mb
Release : 2010
Category : Language Arts & Disciplines
ISBN : 9780199550272

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International Succession by Louis Garb,John Wood Pdf

Increasing numbers of people have connections with one country, but live and work in another, frequently owning property or investments in several countries. As such, international aspects arise in an increasing number of estates. Different countries may have separate arrangements for ownership, taxation, and succession. International Succession equips practitioners with the information necessary to navigate problems involving these different systems. Although lawyers would often advise only on the law of the jurisdictions in which they are based, seeking advice from lawyers in other countries, this book will save the practitioner the time - and expense - of ascertaining the basics concerning the inheritance systems in different countries, offering clear and easy to use information on the laws of inheritance and succession. Each country's report is based on responses to a comprehensive questionnaire that considers the practical issues arising from the jurisdiction's individual laws, making it easy for users to make specific comparisons between the laws of one country and another. The book covers over fifty countries with entries written by experts from each country, making it an invaluable resource for the busy practitioner. This title is an improved and expanded version of International Succession, edited by Louis Garb and published by Kluwer Law International, 2004. This edition, published in hardback form, will also be supplemented annually in between editions to update the individual country entries.

Author : Miriam Anderson,Esther Arroyo i Amayuelas
Publisher : Editorial CSIC - CSIC Press
Page : 366 pages
File Size : 44,7 Mb
Release : 2011
Category : Inheritance and succession
ISBN : 9089520872

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The Law of Succession by Miriam Anderson,Esther Arroyo i Amayuelas Pdf

Preface Contents Abbreviations i Authors i 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 Kraljić chapter 15 Freedom of Testation, Legal Inheritance Rights and Public Order under Spanish Law Sergio Cámara Lapuente.

Author : Haris Pamboukis
Publisher : Unknown
Page : 128 pages
File Size : 48,8 Mb
Release : 2016
Category : Electronic
ISBN : 3406700683

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EU Succession Regulation No 650/2012 by Haris Pamboukis Pdf

Author : Maria Gigliola di Renzo Villata
Publisher : Springer
Page : 640 pages
File Size : 40,6 Mb
Release : 2018-03-19
Category : Law
ISBN : 9783319762586

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Succession Law, Practice and Society in Europe across the Centuries by Maria Gigliola di Renzo Villata Pdf

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 : Nadjma Yassari
Publisher : Unknown
Page : 0 pages
File Size : 54,9 Mb
Release : 2019
Category : Conflict of laws
ISBN : 1780686641

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European Private International Law and Member State Treaties with Third States by Nadjma Yassari Pdf

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 : Jens Scherpe
Publisher : European Family Law
Page : 242 pages
File Size : 42,8 Mb
Release : 2021-01-04
Category : Electronic
ISBN : 1780689845

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The Interaction Between Family Law, Succession Law and Private International Law by Jens Scherpe Pdf

This book brings together a range of views on the reciprocal influences of substantive and private international law in the fields of family and succession law. It outlines some key elements of this interplay in selected jurisdictions and provides a basis for discussion and future work on the reciprocal influences of domestic and European law.

Author : Lenka Válková
Publisher : Unknown
Page : 0 pages
File Size : 50,9 Mb
Release : 2022
Category : Law
ISBN : 8813380097

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Choice-of-Court Agreements Under the EU Regulations in Family and Succession Matters by Lenka Válková Pdf

Author : Diamond Ashiagbor,Nicola Countouris,Ioannis Lianos
Publisher : Cambridge University Press
Page : 345 pages
File Size : 49,7 Mb
Release : 2012-04-16
Category : Law
ISBN : 9781107017573

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The European Union After the Treaty of Lisbon by Diamond Ashiagbor,Nicola Countouris,Ioannis Lianos Pdf

Analysis of some of the most controversial aspects of the European Union's Lisbon Treaty.

Author : Katharina Boele-Woelki,Frédérique Ferrand,Cristina González Beilfuss,Maarit Jänterä-Jareborg,Nigel Lowe,Dieter Martiny,Velina Todorova
Publisher : European Family Law
Page : 0 pages
File Size : 42,8 Mb
Release : 2019
Category : Common law marriage
ISBN : 1780687885

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Principles of European Family Law Regarding Property, Maintenance and Succession Rights of Couples in de Facto Unions by Katharina Boele-Woelki,Frédérique Ferrand,Cristina González Beilfuss,Maarit Jänterä-Jareborg,Nigel Lowe,Dieter Martiny,Velina Todorova Pdf

The CEFL has developed a comprehensive and original set of rules which may be a source of inspiration for legislating the rights and duties of couples who have not formalised their relationship. In their provisions on specific issues, the Principles opt for workable solutions which aim to avoid unnecessary hardship and disputes.