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EU cross-border succession law / edited by Stefania Bariatti (Professor of International Law), Ilaria Viarengo (Professor of International Law), and Francesca C. Villata (Professor of International Law, University of Milan, Italy).
Bariatti, Stefania editor.; Viarengo, Ilaria, editor.; Villata, Francesca Clara editor.; Edward Elgar Publishing, publisher.
2022
INTERNET
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Edward Elgar
Title
EU cross-border succession law / edited by Stefania Bariatti (Professor of International Law), Ilaria Viarengo (Professor of International Law), and Francesca C. Villata (Professor of International Law, University of Milan, Italy).
Published
Northampton : Edward Elgar Publishing, 2022.
Call Number
INTERNET
ISBN
9781785365300 (e-book)
Description
1 online resource (576 pages).
System Control No.
eep9781785365300
Summary
"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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Digital File Characteristics
text file
Source of Description
Description based on print record.
Series
Elgar European law.
Record Appears in
Remotely Accessible Online Resources
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Portion of Title
European Union cross-border succession law
Added Author
Bariatti, Stefania editor.
Viarengo, Ilaria, editor.
Villata, Francesca Clara editor.
Added Corporate Author
Edward Elgar Publishing, publisher.
Contents: 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 / Giulia Vallar
Part V: The European certificate of succession
18. The European certificate of succession: Creation, purpose, Contents, and effects / Carlo Alberto Marcoz
19. The European certificate of succession: Issuance procedure / Carlo Alberto Marcoz
20. The European certificate of succession: Redress procedure and suspension of the effects of the certificate / 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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