Comparative Succession Law

2019 ◽  
pp. 1057-1087 ◽  
Author(s):  
Marius J. De Waal
Keyword(s):  
International Law ◽  
Comparative Research ◽  
Family Law ◽  
Intimate Relationship ◽  
Private International Law ◽  
Economic Changes ◽  
European Context ◽  
Static Image ◽  
The Law ◽  
Law Of Succession

It cannot be denied that the law of succession often projects a static image. One possible explanation for this is the fact that certain areas of the law of succession are indeed somewhat technical. However, this article examines comparative research, private international law, examples of trust and the transfer of estate to argue that there are changes that have been detected and explained principally through comparative scholarship in the field of the law of succession. The first is the significance of common social and economic changes and their impact on aspects of the law of succession. The article stresses the intimate relationship between the law of succession and family law. The identification and analysis of these changes have also been the stimulus for a new ‘mission’ for comparative researchers in the field of the law of succession—the quest for greater harmonization, especially in the European context.

Comparative Succession Law

2006 ◽  
pp. 1070-1098
Author(s):  
Marius J. De Waal
Keyword(s):  
International Law ◽  
Comparative Research ◽  
Family Law ◽  
Intimate Relationship ◽  
Private International Law ◽  
Economic Changes ◽  
European Context ◽  
Static Image ◽  
The Law ◽  
Law Of Succession

It cannot be denied that the law of succession often projects a static image. One possible explanation for this is the fact that certain areas of the law of succession are indeed somewhat technical. However, this article examines comparative research, private international law, examples of trust and the transfer of estate to argue that there are changes that have been detected and explained principally through comparative scholarship in the field of the law of succession. The first is the significance of common social and economic changes and their impact on aspects of the law of succession. The article stresses the intimate relationship between the law of succession and family law. The identification and analysis of these changes have also been the stimulus for a new ‘mission’ for comparative researchers in the field of the law of succession — the quest for greater harmonization, especially in the European context.

Cheshire, North and Fawcett: Private International Law

2017 ◽  
Author(s):  
Grušić Uglješa ◽  
Heinze Christian ◽  
Merrett Louise ◽  
Mills Alex ◽  
Otero García-Castrillón Carmen ◽  
...  
Keyword(s):  
International Law ◽  
Family Law ◽  
Private International Law ◽  
Basic Principles ◽  
Extensive Coverage ◽  
Recognition And Enforcement ◽  
The Subject ◽  
The Law ◽  
Contractual Obligations ◽  
Complex Subject

The new edition of this well-established and highly regarded work has been fully updated to encompass the major changes and developments in the law. The book provides comprehensive and accessible coverage of the basic principles of private international law. It offers a rigorous academic examination of the subject and also a practical guide to the complex subject of private international law. Written by academics who previously worked as solicitors, there is extensive coverage of commercial topics such as the jurisdiction of various courts and their limitations, stays of proceedings and restraining foreign proceedings, the recognition and enforcement of judgments, the law of obligations with respect to contractual and non-contractual obligations. There are also sections on the various aspects of family law in private international law, and the law of property, including the transfer of property, administration of estates, succession, and trusts.

Private International Law

2018 ◽  
Author(s):  
V.C. Govindaraj
Keyword(s):  
Supreme Court ◽  
International Law ◽  
Private International Law ◽  
Conflict Of Laws ◽  
Application Of Law ◽  
Cross Border ◽  
Corrective Measures ◽  
The Supreme Court ◽  
The Law

In deciding cases of private international law or conflict of laws, as it is widely known, judges of the Supreme Court in India generally consult the works of renowned English jurists like Dicey and Cheshire. This volume argues that our country should have its own system of resolving inter-territorial issues with cross-border implications. The author critically analyses cases covering areas such as the law of obligations, the law of persons, the law of property, foreign judgments, and foreign arbitral awards. The author provides his perspectives on the application of law in each case. The idea is to find out where the judges went wrong in deciding cases of private international law, so that corrective measures can be taken in future to resolve disputes involving complex, extra-territorial issues.

Schemes of Arrangement: Law and Practice

2012 ◽  
Author(s):  
Geoff O’Dea ◽  
Julian Long ◽  
Alexandra Smyth
Keyword(s):  
International Law ◽  
Case Law ◽  
Private International Law ◽  
Sources Of Information ◽  
Foreign Companies ◽  
Pros And Cons ◽  
English Law ◽  
The Law ◽  
The Uk

This new guide to schemes of arrangement draws together all of the elements of the law and practice concerning both creditor and member schemes. Member schemes of arrangement have become the preferred method of implementing takeovers in the UK. Creditor schemes of arrangement are increasingly used in restructuring matters and the trend in their usage in foreign companies is likely to continue as many credit documents across Europe are arranged and underwritten in London under English law. The book considers the effect given to an English scheme in foreign jurisdictions, and other Private International Law issues. A major issue for those considering a scheme for creditors is whether a scheme or CVA (Company Voluntary Arrangement) is more appropriate and this book assists the reader by including an analysis of the pros and cons of schemes and CVAs. There are very few sources of information on schemes of arrangement and the area takes much of its substance from case law. This book, addressing the law and practical issues faced by practitioners on a day-to-day basis, is a first in the field.

scholarly journals O rozgraniczaniu statutów i wsysaniu regulacji prawnej (na przykładzie prawa stosowanego do oceny różnych aspektów powołania i funkcjonowania wykonawcy testamentu i zarządcy sukcesyjnego przedsiębiorstwem)

2020 ◽  
pp. 159-177
Author(s):  
Maksymilian Pazdan
Keyword(s):  
International Law ◽  
Legal System ◽  
Private International Law ◽  
Legal Basis ◽  
Legal Rules ◽  
Eu Regulation ◽  
The Will ◽  
The Law ◽  
The Eu

The position of the executor of the will is governed by the law applicable to succession (Article 23(2)(f) of the EU Regulation 650/2012), while the position of the succession administrator of the estate of a business of a physical person located in Poland is subject to the Law of 5 July 2018 on the succession administration of the business of a physical person (the legal basis for such solution is in Article 30 of the EU Regulation 650/2012). However, if the court needs to determine the law applicable to certain aspects of appointing or functioning of these institutions, which have a nature of partial or preliminary questions, these laws will apply, as determined in line with the methods elaborated to deal with partial and preliminary questions in private international law. The rules devoted to the executors of wills are usually not self-standing. In such situations, the legislators most often call for supportive application of the rules designed for other matters existing in the same legal system (here — of the legis successionis). This is referred to as the absorption of the legal rules.

scholarly journals Qualification of Concepts and its Problems in Cases with Foreign Element in Poland and the United Kingdom

2013 ◽  
Vol 32 (1) ◽  
pp. 67-74
Author(s):  
Katarzyna Bagan-Kurluta
Keyword(s):  
United Kingdom ◽  
International Law ◽  
Case Law ◽  
Functional Method ◽  
Internal Source ◽  
Private International Law ◽  
Uniform Approach ◽  
The United Kingdom ◽  
Foreign Law ◽  
The Law

Abstract Qualification is the basic instrument used in the process of application of the law. It is impossible to apply the law without conducting it. The main internal source of collision law in Poland, Act of private international law dated February 4th, 2011, does not specify how to carry on the process of the qualification, and doctrine is of the opinion that the Polish court applying foreign law should interpret the foreign concepts according to the rules of this law and give them such meanings as this law assigns to them. But also there are four doctrinal proposals concerning methods of qualification. The first one (with various modifications) is relatively popular in a number of countries, while the Polish doctrine has the greatest respect for the latter: 1) lex fori approach, 2) lex causae approach, 3) autonomous method and 4) functional method (or collision lex fori approach). The English judge applying the rules derived from his own internal law remembers about the function of private international law - and therefore takes into account the rules and institutions adopted in the foreign laws. That is application of lex fori approach modified because of the function of collision law, indeed reminiscent of a functional method. However, due to the lack of a uniform approach to qualification and identification of the only way to proceed by the doctrine and case law, it is permissible to move away from the use of this method. For instance it is possible to use the lex causae approach, if it leads to an equitable solution. Lack of regulation of qualification gives a person applying the law a freedom, but at the same time leads to uncertainty about the effects.

Sign in / Sign up

Export Citation Format

Share Document