Skip to main content Accessibility help
×
Home
Hostname: page-component-684899dbb8-489z4 Total loading time: 0.237 Render date: 2022-05-27T21:22:31.930Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "useRatesEcommerce": false, "useNewApi": true }

Did Substantive National Succession Laws have an Impact on the EU Succession Regulation?

Published online by Cambridge University Press:  25 May 2021

Get access

Summary

INTRODUCTION

Although the European Succession Regulation (ESR) has mainly been influenced by the private international law of the EU Member States and by the Hague Convention of 1 August 1989 on the law applicable to succession to the estates of deceased persons, the substantive law of the Member States had also a minor influence on it. One example for this is the scope of the ESR and in particular the concepts of succession, wills and succession agreements (see section 2 below). Other examples can be found in the concepts of authentic instrument (see section 3 below), notary (see section 4 below) and administrator of the estate (see section 5 below). A further example is the notion of ordre public (see section 6 below). Finally, the ESR also takes into account the fact that several Member States and third States comprise territorial units having their own substantive succession law or have sets of substantive succession laws applicable to different categories of persons (see section 7 below).

THE SCOPE OF THE EUROPEAN SUCCESSION REGULATION

European succession laws are far from unified or harmonised, although there are certain tendencies of spontaneous harmonisation. However, this convergence is restricted to broad tendencies, and the approaches and outcomes remain different. A few examples will illustrate this.

In all Member States, there is a strong tendency to improve the position of the surviving spouse and to increase his or her statutory portion. In most jurisdictions, the surviving spouse has inheritance rights in full property, as in German and Swiss law, but some legal systems restrict the statutory portion of the surviving spouse in certain cases to a life interest in the form of a usufruct, as in Belgian, French and Spanish law. In addition, the size of the compulsory portion is quite different. If the deceased leaves issue, the solutions vary from one-quarter of the estate to the whole estate. If the deceased leaves no issue, the spouse has to share the estate with the parents of the deceased, but siblings are increasingly excluded and some jurisdictions also exclude the parents.

In almost all civil law jurisdictions, children enjoy a compulsory portion, mostly fixed at one-half of the statutory portion, as in Austria, Belgium, Germany, Greece and Hungary.

Type
Chapter
Information
Publisher: Intersentia
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×