Full Description
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.
Contents
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 States
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
I. Introduction
II. The 1989 Hague Convention
III. The EU Succession Regulation
IV. Preparation for Determining the Applicable Law
V. Conclusion
5. The Applicable Law
I. Introduction
II. A Sui Generis Approach
III. What is the Most Appropriate Connecting Factor?
IV. Recommendations for a New Private International Law Solution
V. Conclusion
6. Conclusion
