Planeamento de sucessões transnacionais no direito europeu
: a relevância da autonomia da vontade na escolha da lei que regerá a sucessão e suas consequências no planeamento de sucessões transnacionais

  • Ana Luiza Canuto de Figueiredo (Student)

Student thesis: Master's Thesis

Abstract

The EU Succession Regulation has granted great relevance to the freedom of choice when it comes to cross-border estate planning , which has promoted not only greater legal certainty in determining the law applicable to the cross-border successions but also the possibility of to choose the law which best suits the author's demands. The present work used doctrine and case law to analyze the importance of the choice of law in cross-border estate planning and also the limitations imposed to the freedom of choice. It also examines the impact of the choice of law for succession planning purposes in a comparative law context. Although the freedom of choice and the choice of law are essential elements for carrying out cross-border estate planning, the conclusion was that they are not the only components to affect the effectiveness of the planning. The author's will can be ruled out by certain limitations established by the Regulation. Such limitations may cause great legal uncertainty in the carrying out of estate planning, jeopardizing its effectiveness in judicial proceedings.
Date of Award18 Sept 2020
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorAntónio Frada de Sousa (Supervisor)

Keywords

  • Regulation (UE) n.º 650/2012, of 4 july 2012
  • Cross-border estate planning
  • Freedom of choice
  • Choice of law
  • Habitual residence
  • International public policy

Designation

  • Mestrado em Direito

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