Controversial cases about inheritance law

Starting date
May 1, 2017
Duration (months)
24
Departments
Law
Managers or local contacts
Tescaro Mauro

Inheritance law has now emerged as a central topic in the international legal debate, however not so much in Italy. This project aspire to fill the flaws of our country in this matter.
The topical importance of Inheritance law is shown, for example, by the European Regulation No. 650/2012. It is also proven through the work of the “German National Committee of Comparative Law” that, in his last Tagung (held between the 10th and 12th of September, 2015 in Bayreuth) has even devoted the opening interdisciplinary ceremony to this topic.
While on that occasion, Prof. Reinhard Zimmermann suggested that we will see remarkable changes in the coming years at the international level, on the other hand he pointed out three fundamental problems still to be explored: 1) concerning the forms of wills; 2) relatives order in the legal succession; 3) the position of the surviving spouse. Aside from the last issue (already at the center of the debate, even in Italy), today our country is concerned mainly with issues (such as the opportunity to abolish or limit the prohibition of agreements as to future succession and the protection of legitimate heirs) that in the international debate seem “rearguard”.Given the above, a large Italian working group has been set up in Verona, also an international working group that involves some of the leading experts on the subject in Germany, France, Austria, and Spain (i.e. countries that are closer, geographically and/ or culturally to Italy), as well as Brazil and China (two most “exotic” countries, but in both of which Inheritance law is now at the heart of the debate).
The idea is to carry out a research stay in Verona and at the various international partners, national and international Conferences, in order to publish in two years, two collective works devoted one to Italian issues, and the other to submit to Italy the most important innovations of the countries listed above. It aims, this way to launch a wide debate which will help to bring our system to the latest international standards on this topic.

Sponsors:

Funds: assigned and managed by the department

Project participants

Claudia Callipari
Teaching Assistant
Mirko Faccioli
Associate Professor
Stefano Gatti
Temporary Professor
Riccardo Omodei Sale'
Associate Professor
Abigail Owusu
PhD student
Sara Scola
Teaching Assistant
Mauro Tescaro
Associate Professor
Stefano Troiano
Full Professor
Research areas involved in the project
Civil Law in general
Publications
Title Authors Year
La rappresentazione: nozione, soggetti ed estensione Tescaro, M. 2018
Rezension von: Riva, Ilaria, Certificato successorio europeo. Tutele e vicende acquisitive (Edizioni Scientifiche Italiane: Napoli 2017, 226 Seiten, ISBN 978-8-84-953263-0, € 28) Tescaro, Mauro 2017

Activities

Research facilities