Legal tip 218. Forced heirs for british?
Friday, January 22, 2010 @ 10:38 AM
The Spanish Presidency of the European Union has set among its priorities in the Agenda, to promote the common European regulation of Inheritance Law
The criterion to select the applicable Law will be the habitual residence of the deceased at the time of his/her death. The bet for the use of this criterion is justified because it has been used in other Community instruments such as Rome I and Rome II, in the Hague convention and by several member estates.
In my opinion, not a very wise criterion as Inheritance Law is the field of Law where tradition and culture have the heaviest weight. This might imply a lack of identification/ acceptation and the proliferation of uses to avoid the application of the corresponding Inheritance Law; especially among those foreigners who are not under the rules regarding forced heirs of the Ancient-Rome Law tradition.
What do you think?
Maria
The wave. Guggenheim Museum. Blibao. Spain. by Dani_vr at Flickr.com
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