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The Hague Convention on Succession

The Hague Convention on Succession EUGENE F. SCOLES* INTRODUCTORY BACKGROUND The problems presently confronting th e survivors of persons who die owning assets outside th e nation of which they are both a citizen an d resident are unnecessarily difficult to predict, costly to resolve and impose a severe economic burde n on th e recipients of property at death. The seemingly simple question of who are th e heirs and what shares they take in the family property of the decedent has proven most difficult just because of th e uncertainty of determining the na­ tion whose law would apply to provide th e answer. This results from the difference in rules of private international law (conflict of laws) applied by many nations under the civil law and those rules applied by nations under Anglo-American common law concepts. * EUGENE F. SCOLES is Max L. Rowe Professor of Law Emeritus, University of Illinois; Distinguished Professor of Law Emeritus, University of Oregon; United States Delegate to The Hague Conference on Private International Law, Special Com­ mission on Decedents Estates (1986-1988). The views expressed herein are those of the author and do not necessarily reflect the views of th e United States Department of State. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

The Hague Convention on Succession

American Journal of Comparative Law , Volume 42 (1) – Jan 1, 1994

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Publisher
Oxford University Press
Copyright
© 1994 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840728
Publisher site
See Article on Publisher Site

Abstract

EUGENE F. SCOLES* INTRODUCTORY BACKGROUND The problems presently confronting th e survivors of persons who die owning assets outside th e nation of which they are both a citizen an d resident are unnecessarily difficult to predict, costly to resolve and impose a severe economic burde n on th e recipients of property at death. The seemingly simple question of who are th e heirs and what shares they take in the family property of the decedent has proven most difficult just because of th e uncertainty of determining the na­ tion whose law would apply to provide th e answer. This results from the difference in rules of private international law (conflict of laws) applied by many nations under the civil law and those rules applied by nations under Anglo-American common law concepts. * EUGENE F. SCOLES is Max L. Rowe Professor of Law Emeritus, University of Illinois; Distinguished Professor of Law Emeritus, University of Oregon; United States Delegate to The Hague Conference on Private International Law, Special Com­ mission on Decedents Estates (1986-1988). The views expressed herein are those of the author and do not necessarily reflect the views of th e United States Department of State.

Journal

American Journal of Comparative LawOxford University Press

Published: Jan 1, 1994

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