The Characterization of Provisions Protecting Forced Heirs Against Lifetime Dispositions
A Comparative Law Study of the Laws of Louisiana and Germany
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Beschreibung
Legal systems with rules about forced heirship usually also protect forced heirs by constraining lifetime dispositions of assets. Raphael de Barros Fritz addresses the characterization of such mechanisms in conflicts of laws.
Normally, forced heirship is primarily associated with a restraint of the decedent's testamentary freedom of disposition. Nevertheless, to effectively protect the forced heirs, forced heirship systems usually also contain various mechanisms to restrain the decedent's lifetime freedom of disposition. Scholars and courts have been debating the proper characterization of these mechanisms in conflicts of laws for decades. Raphael de Barros Fritz addresses the many open questions surrounding this issue by analysing the characterization of forced heirship mechanisms in the laws of Louisiana and Germany.
Autor*in
Raphael de Barros Fritz
Born 1991; studied law at the University of Passau; 2018 first German bar exam; 2019 LLM, Tulane University, New Orleans, USA; New York bar; 2019-23 doctoral candidate in law at the University of Passau and Tulane University; 2023 doctoral degrees from the University of Passau (Dr. iur.) and Tulane University (SJD); law clerk in Hamburg.
Themen in »The Characterization of Provisions Protecting Forced Heirs Against Lifetime Dispositions«
Schenkungsversprechen von Todes wegen Pflichtteilsergänzungsanspruch Pflichtteilsrecht Anpassung conflicts revolution