Clawback law in the context of succession / Jayne Holliday.

Format:

Book

Author/Creator:

Holliday, Jayne, author.

Series:

Studies in private international law.

Studies in private international law

Language:

English

Subjects (All):

Conflict of laws--Inheritance and succession.

Conflict of laws.

Conflict of laws--Gifts.

Revocation.

Physical Description:

1 online resource (264 pages).

Edition:

First edition.

Distribution:

[London, England] : Bloomsbury Publishing, 2020

Place of Publication:

London [England] : Hart Publishing, 2020.

Summary:

"This book offers a global solution for determining the law applicable to a claim to clawback an inter vivos gift from a third party within the context of a succession. The book aims to identify an appropriate and applicable legal framework which supports legal certainty for cross-border estate planning and protects the legitimate expectations of the relevant parties. This is an area of private international law that has yet to be handled satisfactorily ? as can be seen by the inadequate treatment of clawback from third parties in the 1989 Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons, and the 2012 EU Succession Regulation."-- Provided by publisher.

Contents:

Intro

Series Editor's Preface

Acknowledgements

Contents

Table of Cases

Table of Legislation

1. Introduction

I. Background and Context

II. Aim and Purpose

III. Methodology

IV. Structure and Scope

V. Conclusion

2. Legislative Drafting

I. Legal Diversity and the Need for High-Quality Comparative Research

II. The Principles of Legal Certainty and Legitimate Expectations

III. Legal Certainty under the Succession Regulation

IV. Conclusion

3. Clawback: A Comparative Analysis

I. Introduction

II. Empirical and Analytical Research

III. Findings from the Participating EU Member States21

IV. Countries not Participating in the EU Succession Regulation Analysed for this Book

V. Overall Observations on the Rules Pertaining to Clawback

VI. Shari'a Law

VII. Conclusion

4. Characterisation

II. The 1989 Hague Convention

III. The EU Succession Regulation

IV. Preparation for Determining the Applicable Law

5. The Applicable Law

II. A Sui Generis Approach

III. What is the Most Appropriate Connecting Factor?

IV. Recommendations for a New Private International Law Solution

6. Conclusion

Annex I: Correspondence with the Senior Representative of the UK

Annex II: Draft Convention on the Law Applicable to Clawback (by the author)

Annex III: List of National Reporters on the Law on Clawback

Annex IV: Member States of the European Union: Laws on Clawback

A. Austria

B. Belgium

C. Bulgaria

D. Croatia

E. Cyprus

F. Czech Republic

G. Estonia

H. Finland

I. France

J. Germany

K. Greece

L. Hungary

M. Italy

N. Latvia

O. Lithuania

P. Luxembourg

Q. Malta

R. Netherlands

S. Poland

T. Portugal

U. Romania

V. Slovakia

W. Slovenia

X. Spain

Y. Sweden

Bibliography

Index

Notes:

Based on author's thesis (doctoral - University of Aberdeen, 2018).

Includes bibliographical references and index.

ISBN:

9781509932351

1509932356

9781509932337

150993233X

1509932348

9781509932344

OCLC:

1147280592