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Diversity and Integration in Private International Law$
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Verónica Ruiz Abou-Nigm and María Blanca Noodt Taquela

Print publication date: 2019

Print ISBN-13: 9781474447850

Published to Edinburgh Scholarship Online: May 2020

DOI: 10.3366/edinburgh/9781474447850.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 07 July 2022

Managing Diversity in Cross-border Succession Problems: A British Perspective

Managing Diversity in Cross-border Succession Problems: A British Perspective

Chapter:
(p.47) 3 Managing Diversity in Cross-border Succession Problems: A British Perspective
Source:
Diversity and Integration in Private International Law
Author(s):

Janeen M. Carruthers

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781474447850.003.0004

This chapter provides in-depth analysis of the role of private international law in managing legal diversity in the law of succession, which pertains not only to diversity of substantive rules of succession, but also to diversity of approach among legal systems to the resolution of conflict of laws problems. Specifically, it addresses diversity between UK common law methods of resolving cross-border succession problems and the civilian approach represented by Regulation (EU) No 650/2012 (Rome IV). Additionally, it critically examines primary and secondary techniques employed in UK choice of law methodology to deal with legal diversity in succession, namely: operation of the scission principle; use of alternative choice of law rules such as contained in the Wills Act 1963; the process of characterisation, and renvoi reasoning.

Keywords:   Succession, Regulation (EU) No 650/2012, Rome IV, Scission principle, Characterisation, Wills Act 1963, Renvoi

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