Based on a presentation on “Dissolution of the Matrimonial Property Regime and the Rights of the Surviving Spouse”, carried out at the Third CEFL (Commission on European Family Law) Conference held in Oslo in June 2007.
These pages are addressed to examining the problems arising from the regulation of the dissolution of the matrimonial property regime on the death of one of the spouses in relation to the determination of the succession rights of the surviving spouse in Private International Law (from now on, PIL). I will specifically try to analyse the conciliation difficulties between what is stipulated in each relevant field after the death of one of the spouses. The surviving spouse’s situation often depends on the simultaneous effect of the matrimonial property regime and also of Succession Law. In fact, this study deals with a classical problem of PIL which has been subject to recent innovative interpretations and has acquired a new importance.
My research also includes the treatment given to succession rights in cases of homosexual and heterosexual civil partnerships. It is mainly focussed on the German and the Spanish PIL systems, but I will also refer occasionaly to legal systems of other EU Member States.
Date of Authorship for this Version
Inheritance and succession
Álvarez Torné, Maria, "The Dissolution of the Matrimonial Property Regime and the Succession Rights of the Surviving Spouse" (2007). Cornell Law Faculty Working Papers. Paper 27.