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The EU Succession Regulation and forced heirship: a potential violation of German public policy?
Journal of Private International Law  (IF),  Pub Date : 2020-05-03, DOI: 10.1080/17441048.2020.1760469
Dorota Miler

The author examines whether the application of foreign law on forced heirship as specified by the EU Succession Regulation could lead to a violation of German public policy and thus trigger the application of Article 35 of the Regulation on public policy. Particularly, the author explores whether and under what conditions this could happen if the law of another EU Member State, which allows deprivation of forced heirship under circumstances that are not deemed sufficient pursuant to German law, is applicable to a deceased's succession. The problem of a potential violation of public policy due to the application of foreign law on forced heirship is especially significant in Germany due to the (unusual) constitutional protection that attaches to an entitlement to forced heirship and due to the large number of foreigners living in the jurisdiction. The article considers the relevant provisions of the EU Succession Regulation, German public policy doctrine, and the law on deprivation of forced heirship in selected EU Member States.