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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Show ItemsFront Matter
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Show ItemsPart I: THE SCOPE OF APPLICATION OF THE EU SUCCESSION REGULATION
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Part II: DETERMINING THE APPLICABLE LAW UNDER THE EU SUCCESSION REGULATION
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Show ItemsPart III: DETERMINING JURISDICTION UNDER THE EU SUCCESSION REGULATION
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Show ItemsPart IV: RECOGNITION AND ENFORCEMENT OF JUDGMENTS AND OTHER INSTRUMENTS UNDER THE EU SUCCESSION REGULATION
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Show ItemsPart V: THE EUROPEAN CERTIFICATE OF SUCCESSION
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Show ItemsPart VI: CROSS-BORDER SUCCESSIONS AND TAXATION
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Show ItemsPart VII: THE IMPACT OF THE EU SUCCESSION REGULATION ON THE NATIONAL LAWSON CROSS-BORDER SUCCESSION
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Show ItemsBack Matter
