Book review of “The Law of Succession: Testamentary Freedom. European Perspectives” edited by M. Anderson and E. Arroyo i Amayuelas (Europa Law Publishing, 2011) (original) (raw)

Although traditionally confined to the domestic scene (being absent even in the broadly conceived Draft Common Frame of Reference), the law of succession is becoming an increasingly frequent topic of discussion, both in international academic circles and, de iure condendo, at the level of the European Union institutionsat least as far as private international law is concerned. Indeed, the International Society of Family Law devoted particular attention to post mortem transfers between generations at its recent World Conference on "generation solidarities" (Lyon, 19-23 July 2011). Over the past few years, an increasing number of books, articles an other sources have been applying comparative techniques to the law of succession: from 1963 onwards, the Union du notariat latin has been publishing a "blue book" on Régimes matrimoniaux, successions et libéralités dans les relations internationales et internes (its third edition, edited by Michel Verwilghen, was published by Bruylant in 2008); in 2007 K. Reid, M. J. De Waal and R. Zimmermann embarked on the systematic research and publication of the principles governing the law of succession from a comparative and historical perspective ("Exploring the Law of Succession: Studies National, Historical and Comparative", Edinburgh University Press, 2007; "Comparative Succession Law: Volume I: Testamentary Formalities", Oxford University Press, forthcoming); and the Conseil des Notariats de l'Union Européenne facilitates public access to information on the rights available under the laws of succession which apply in the Member States of the European Union through an ad hoc website jointly financed by the European Commission (http://www.successions-europe.eu). As is widely known, the EU is seeking to create uniform rules on jurisdiction, the applicable law, the mutual recognition and enforcement of decisions in matters of succession, as well as a European Certificate of Succession. An ad hoc proposal to this effect was published in 2009 (COM(2009)154 final) and is currently being negotiated within the European Parliament and the Council, which, on 9/6/2011, reached agreement on the political guidelines to be observed by those who will continue to work on the proposed Regulation.