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The Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons: Do Quasi-Community Property and Mandatory Survivorship Laws Need Protection?

Authors: Bruch, Carol S.;

The Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons: Do Quasi-Community Property and Mandatory Survivorship Laws Need Protection?

Abstract

The Hague Convention of 20 October 1988 on the Law Applicable to Succession to the Estates of Deceased Persons (Succession Convention)1 clarifies succession law for those who have important connections with more than one country. It provides choice-of-law rules for intestacy, and, for those who write wills, it specifies the testator's permissible choice of law. This article does not evaluate the overall desirability of the Convention, a matter currently being debated elsewhere. Rather, it concerns one aspect of the Convention that affects cases in which a testator has specified a choice of law consistent with the Convention. It discusses mandatory survivorship rules, including quasi-community laws, and considers the possible effects of the testator's choice of law on them. It then evaluates an authorized reservation to

Country
United States
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Keywords

Inheritance and succession, 340, 330, Community property, Property rights, Marital property, Estates, Decedents' estates, Conflict of laws, International aspects, Law

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
gold
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Fields of Science
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