This article addresses the role of party autonomy in the Regulation
No 650/2012 in a context of estate planning, Therefore, the
coordination between the law applicable to the succession and to
property aspects of marriage or a registered partnership as provided
in the Regulations No 2016/1103 and No 2016/1104 is analysed. This
article furthermore examines the optio juris functioning and, in
particular, it focuses on the object of the choice, the
determination of the nationality, whose law may be chosen, the
formal and substantial validity of the agreement. Finally, the
choice of law could be in contrast to the expectations of family
members on the applicability of certain provisions on forced
heirship and lead to a law that actually endangers their protection.
The issue of the protection of close family members in connection
with the freedom of choice is taken in account.
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