Does the Law of Succession Reflect Cultural Differences?

Does the Law of Succession Reflect Cultural Differences?
  • Author(s): Reinhard Zimmermann
  • ISBN Book: 978-94-6236-856-9, #1 edition
  • Year of publication: 2018
  • Product specifications

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This is the published version of the first Maastricht Private Law Lecture which was delivered by Reinhard Zimmermann on 27 January 2017. According to a widely held view, the law of succession is shaped by the cultural values of the society within which it prevails. Related to this is the perception that the law of succession is marked by great stability. It is thus resistant both to change and to legal harmonization. Comparative research, too, has traditionally been regarded as impractical and unrewarding. In his lecture Zimmermann challenges this view. He points to transsystemic constants as well as transsystemic tendencies of development, to outdated peculiarities and thinking patterns as well as to the benefits to be gained by critical reflection, and he analyses historical examples of the phenomenon of legal charge and the reception of rules and ideas. The focus is, throughout, on two central problem areas within the province of the law of succession: testamentary formalities and the intestate succession regime. Insofar as it obstructs or prevents a critical comparative discourse in this field, the ‘legal culture’ thesis, according to Zimmermann, must be rejected.

Information about the author(s)

Prof. dr. dr. h.c. mult. Reinhard Zimmermann is director at the Max Planck Institute
for Comparative and International Private Law in Hamburg. Since 2011 he is also president of the Studienstiftung des deutschen Volkes.

Product specifications

Author(s) Reinhard Zimmermann
ISBN Book 978-94-6236-856-9,#1 edition
Publication date 17 april 2018
Number of pages 34 Pages
Series Maastricht Law Series
Brand Eleven International Publishing
Subject(s) Europees recht, Comparative Law / Conflict of Laws
Language English

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