Die Reichweite des Erbstatuts in Abgrenzung zum Sachenrechtsstatut anhand der Europäischen Erbrechtsverordnung 650/2012

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With the creation of the EU Regulation on successions and wills a large number of issues of international succession law has to be re-examined. One of the contentious points by creating a European International Law of Succession was the demarcation between the scope of application of the conflict rule for succession law and the one for property law. In Germany the issue is discussed above all relating to the recognition of foreign vindication legacies.

In a first step the work examines the scope of application of the Regulation by interpreting it on the basis of the wording, taking into account the systematics, the telos, the genesis and the European dimension of the text. In a second step the editor analyses the possibilities offered by the Regulation to consider legal valuations of the lex rei sitae in addition to the law of succession applicable by the Regulation. Thereby the work considers the specific manners of transfer of assets by reason of death in the applicable law system.