THE BOUNDARIES OF THE LAW APPLICABLE TO SUCCESSION
THE BOUNDARIES OF THE LAW APPLICABLE TO SUCCESSION

Summary/Abstract: The EU Regulation No. 650/2012 applies to “succession to the estates of deceased persons”, Art. 1 (1). Its choice-of-law rules determine“the law applicable to the succession as a whole”, Art. 21 (1). That law of succession will often parallel other laws, which are applicable to different legal aspects not properly relatable to the law of succession. The most important examples are matrimonial property law and property law in general, but there is a wide range of other areas that may play a role with regard to questions of inheritance, for example company law(here meant to refer to the law of corporations and other companies). In such cases, the different legal issues must be assigned to the respective system of law. This is the well-known problem of characterization in private international law. In this paper, I shall explore the boundaries of the law applicable to succession to such other areas of law, in other words: I shall be dealing with problems of characterization that arise under the new Succession Regulation.

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