Article

Comparative Succession Law

Marius J. De Waal

in The Oxford Handbook of Comparative Law

Published in print November 2006 | ISBN: 9780199296064
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199296064.013.0034

Series: Oxford Handbooks in Law

 Comparative Succession Law

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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.

Keywords: wills; trust; estate transfer; international law; Europe; family law

Article.  12335 words. 

Subjects: Law ; Comparative Law

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