Planning Cross-Border Successions: The 'Professio Juris' in the Succession Regulation
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Ilaria Viarengo [1]
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[1] University of Milan
University of Milan
Milán, Italia
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- Localización: Rivista di diritto internazionale privato e processuale, ISSN 0035-6174, Vol. 56, Nº. 3, 2020, págs. 559-582
- Idioma: inglés
- Texto completo no disponible (Saber más ...)
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Resumen
This article addresses the role of party autonomy in the Regulation No. 650/2012 in a context of estate planning, Therefore, the coordination between the law applicable to the succession and to property aspects of marriage or a registered partnership as provided in the Regulations n.2016/1103 and 2016/1104 is analysed. This article furthermore examines the optio Juris functioning and, in particular, it focuses on the object of the choice, the determination of the nationality, whose law may be chosen, the formal and substantial validity of the agreement. Finally, the choice of law could be in contrast to the expectations of family members on the applicability of certain provisions on forced het'rship and lead to a law that actually endangers their protection. The issue of the protection of close family members in connection with the freedom of choice is taken in account.
