Name: Clawback Law in the Context of Succession By Jayne Holliday (University of Stirling, UK)
SKU: 9781509932320
Price: 101.09 GBP
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Clawback Law in the Context of Succession Summary

Clawback Law in the Context of Succession by Jayne Holliday (University of Stirling, UK)

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.

Clawback Law in the Context of Succession Reviews

[T]his book has brought so much information together for the first time ... This subject will not go away, and this book is essential reading for any practitioner who deals with cross-border estates. -- Richard Frimston * Private Client Business *

About Jayne Holliday (University of Stirling, UK)

Jayne Holliday is Lecturer in Law in the University of Stirling.

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. Sharia 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

Additional information

Sku

NPB9781509932320

ISBN 13

9781509932320

ISBN 10

1509932321

Title

Clawback Law in the Context of Succession by Jayne Holliday (University of Stirling, UK)

Author

Jayne Holliday (University of Stirling, UK)

Series

Studies in Private International Law

Condition

New

Binding type

Hardback

Publisher

Bloomsbury Publishing PLC

Year published

2020-05-14

Number of pages

280

Prizes

N/A

Cover note

Book picture is for illustrative purposes only, actual binding, cover or edition may vary.

Note

This is a new book - be the first to read this copy. With untouched pages and a perfect binding, your brand new copy is ready to be opened for the first time

Clawback Law in the Context of Succession Jayne Holliday (University of Stirling, UK)

Clawback Law in the Context of Succession by Jayne Holliday (University of Stirling, UK)

Clawback Law in the Context of Succession Summary

Clawback Law in the Context of Succession by Jayne Holliday (University of Stirling, UK)

Clawback Law in the Context of Succession Reviews

About Jayne Holliday (University of Stirling, UK)

Table of Contents

Additional information

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