Succession Upon Death: A Comparison of European and Turkish Private International Law

The European Succession Regulation, which harmonized private international and procedural law rules of Member States in the field of succession, has been examined by scholars in almost every detail. It has, however, not attracted the same degree of attention from a third state perspective. The aim of this book is to offer a comparative analysis of the Regulations's regime from a Turkish perspective. Turkey is indeed an important third state for cross-border succession cases for the EU, having a great number of nationals within the European Union and being one of the third countries which have bilateral treaties on succession with the Member States which are still applicable according to Article 75 of the Regulation. Biset Sena Güneş addresses the differences between the provisions of the Regulation, the Turkish PILA and the Turkish-German Treaty of 1929, the most practically relevant one of the treaties with third states, and indicates the interplay between the three legal texts.Chapter 1: General Overview and Background
Turkish-EU Successions
Background of the Regulation and Its Four Pillars
Background of Turkish Private International Law on Succession and a General Overview of Its Rules
Background of the Turkish-German Treaty and a General Overview of Its Rules as well as Its Scope of Application
Concluding Remarks as to General Overview and Background

Chapter 2: Conflict of Laws in Turkish-EU Successions
Monist vs. Dualist Approach
Different Connecting Factors: Last Habitual Residence vs. Lex Patriae + Lex Fori/Lex Rei Sitae
Professio Iuris?
The Scope of the Applicable Laws
The Law Applicable to Dispositions of Property upon Death
Other Issues Related to the Law Applicable to Succession
Concluding Remarks as regards the Conflict of Laws in Turkish-EU Successions

Chapter 3: Procedural Issues in Turkish-Eu Successions
Jurisdiction
Procedural Issues in Relation to The European Certificate of Succession
Concluding Remarks on Procedural Issues

Conclusion