Departmental Bulletin Paper 相続代替制度の国際的側面に関する抵触法的考察
Reflections on Conflict-of-Laws Issues with Regard to International Aspects of Succession Substitutes

横溝, 大

68 ( 2 )  , pp.47 - 64 , 2017-04-10 , 東京大学社会科学研究所 , Institute of Social Science, The University of Tokyo , 名古屋大学大学院法学研究科
特集 家族・財産・法
This paper examines conflict-of-laws issues with regard to international aspects of succession substitutes (institutions for the transfer of properties at the death of an individual other than succession). Particularly through the development of telecommunication means, people can more easily hold their properties in different countries and make use of succession substitutes in a foreign country. Thus, it is expected that disputes will increase between a beneficiary of these institutions and a successor worldwide, including in Japan. A proper and predictable choice of law relating to relevant issues such as the validity of a succession substitute and its effect against the third party is important in order to prevent or resolve international disputes with regard to the use of succession substitutes. Thus, this article deals with this choice-of-law issues.

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