Wills / Probate / Trusts

Does the Law of Succession Reflect Cultural Differences?

By Reinhard Zimmermann
Eleven International Publishing April 2018

Specifications

ISBN-13
9789462368569
Publisher
Eleven International Publishing
Publication
April 2018
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

This is the published version of the first Maastricht Private Law Lecture which was delivered by Reinhard Zimmermann on 27 January 2017.

According to a widely held view, the law of succession is shaped by the cultural values of the society within which it prevails. Related to this is the perception that the law of succession is marked by great stability. It is thus resistant both to change and to legal harmonization. Comparative research, too, has traditionally been regarded as impractical and unrewarding.

In his lecture Zimmermann challenges this view. He points to transsystemic constants as well as transsystemic tendencies of development, to outdated peculiarities and thinking patterns as well as to the benefits to be gained by critical reflection, and he analyses historical examples of the phenomenon of legal charge and the reception of rules and ideas.

The focus is, throughout, on two central problem areas within the province of the law of succession: testamentary formalities and the intestate succession regime. Insofar as it obstructs or prevents a critical comparative discourse in this field, the `legal culture' thesis, according to Zimmermann, must be rejected.

Table of Contents

I Introduction
1.
The `legal-culture' thesis
2.
Intestate systems and testamentary formalities: Overview
II The `legal-culture' thesis questioned: Twelve observations
1.
Legal families
2.
Receptions
3.
Legal unification
4.
Legal change
5.
Transsystemic constants
6.
Transsystemic tendencies of development
7.
Outdated national peculiarities
8.
Outdated transsystemic thinking patterns
9.
Critical reflection
10.
System-conformity
11.
Simplicity
12.
No discrimination
III A balance sheet
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