Change search
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • harvard1
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
Gränsöverskridande arvsrätt: Gemensamma lagvalsregler inom EU
Jönköping University, Jönköping International Business School, JIBS, Commercial Law.
2010 (Swedish)Independent thesis Basic level (degree of Bachelor), 10 credits / 15 HE creditsStudent thesis
Abstract [en]

When someone dies there will always be an inheritance, an inheritance that earlier has been seen as a national concern. However, every year there are about 450 000 deaths within the European Union linked to more than one country, either when the deceased has changed his state of residence or when he has assets in another state, for example a Swedish national with a summer house in Spain. The problem is to determine which na-tional law that is supposed to be applicable to the inheritance.

There are two principles that can be applicable on the choice of law, the principle of na-tionality and the principle of residency. If the principle of nationality is used the inherit-ance will be regulated by the deceased`s citizenship while the principle of residency takes aim on the deceased´s last domicile instead. Conflicts can occur between the two principles so that the legacy must be divided between two different legislations.

In October 2009 the Proposal for a Regulation of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession was presented, a regulation that will try to create harmonized rules on in-teralia the inheritance matters. The principle of residency is supposed to be the general rule according to the regulation, but the deceased should still have the privilege to choose the rules in his country of nationality to govern the succession. But is it really necessary to harmonize the rules of applicable law or is it satisfying with the rules that is today? This is questions that will be answered in this essay.

Place, publisher, year, edition, pages
2010. , 31 p.
Keyword [sv]
gränsöverskridande arvsrätt, lagval, nationalitetsprincipen, hemvistprincipen
National Category
Law (excluding Law and Society)
Identifiers
URN: urn:nbn:se:hj:diva-12188OAI: oai:DiVA.org:hj-12188DiVA: diva2:319908
Presentation
, Jönköping (Swedish)
Uppsok
Social and Behavioural Science, Law
Supervisors
Examiners
Available from: 2010-06-03 Created: 2010-05-20 Last updated: 2010-06-03Bibliographically approved

Open Access in DiVA

fulltext(336 kB)633 downloads
File information
File name FULLTEXT01.pdfFile size 336 kBChecksum SHA-512
0f9bae7aa26b0f964676d6ae0b9caf9a6244b63603b403e915d06b165f137214a8e37f99d9a4a76489d9dc16428d2e679d897e8a5a4e543a2c53148618e1f697
Type fulltextMimetype application/pdf

Search in DiVA

By author/editor
Wisberg, Claes
By organisation
JIBS, Commercial Law
Law (excluding Law and Society)

Search outside of DiVA

GoogleGoogle Scholar
Total: 633 downloads
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

Total: 534 hits
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • harvard1
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf