Creditor protection in succession law: a comparative analysis
The focus of succession law is usually on the rights or assets comprised in the deceased’s estate. Yet the transfer of liabilities, debts and obligations also forms part of the succession phenomenon. In this respect, a number of conflicting interests are at stake: namely, the interests of the beneficiaries that need to be balanced against the interests of different groups of creditors (creditors of the estate and those of the beneficiaries). Common law systems are generally considered to be the most creditor friendly, for beneficiaries only receive the residue once the estate is fully wound up. By contrast, civilian legal systems are characterised by the dogma of ‘fusion of patrimonies’, where the estate is fused with the heir’s patrimony. Taking these aspects into account, the presentation will analyse how creditors’ interests are protected in the most representative European succession law systems belonging to the common law and civil law traditions, with a view to identifying their respective merits and shortcomings.
This event is open (only) to members of Oxford University. To register for it please complete the form below using your SSO credentials. Registration will close at 10am on the morning of the seminar after which a Teams link will be sent out.