This book offers a global solution for determining the law applicable to a claim to clawback an inter vivos gift from a third party within the context of a succession. The book aims to identify an appropriate and applicable legal framework which supports legal certainty for cross-border estate planning and protects the legitimate expectations of the relevant parties. This is an area of private international law that has yet to be handled satisfactorily – as can be seen by the inadequate treatment of clawback from third parties in the 1989 Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons, and the 2012 EU Succession Regulation.



Table Of Contents

1. Introduction

I. Background and Context

II. Aim and Purpose

III. Methodology

IV. Structure and Scope

V. Conclusion

2. Legislative Drafting

I. Legal Diversity and the Need for High-Quality Comparative Research

II. The Principles of Legal Certainty and Legitimate Expectations

III. Legal Certainty under the Succession Regulation

IV. Conclusion

3. Clawback: A Comparative Analysis

I. Introduction

II. Empirical and Analytical Research

III. Findings from the Participating EU Member States

IV. Countries not Participating in the EU Succession Regulation Analysed for this Book

V. Overall Observations on the Rules Pertaining to Clawback

VI. Shari'a Law

VII. Conclusion

4. Characterisation

I. Introduction

II. The 1989 Hague Convention

III. The EU Succession Regulation

IV. Preparation for Determining the Applicable Law

V. Conclusion

5. The Applicable Law

I. Introduction

II. A Sui Generis Approach

III. What is the Most Appropriate Connecting Factor?

IV. Recommendations for a New Private International Law Solution

V. Conclusion

6. Conclusion