The Characterization of Provisions Protecting Forced Heirs Against Lifetime Dispositions

Legal systems with rules about forced heirship usually also protect forced heirs by constraining lifetime dispositions of assets. Raphael de Barros Fritz addresses the characterization of such mechanisms in conflicts of laws.

Normally, forced heirship is primarily associated with a restraint of the decedent's testamentary freedom of disposition. Nevertheless, to effectively protect the forced heirs, forced heirship systems usually also contain various mechanisms to restrain the decedent's lifetime freedom of disposition. Scholars and courts have been debating the proper characterization of these mechanisms in conflicts of laws for decades. Raphael de Barros Fritz addresses the many open questions surrounding this issue by analysing the characterization of forced heirship mechanisms in the laws of Louisiana and Germany.

Autorentext
Born 1991; studied law at the University of Passau; 2018 first German bar exam; 2019 LLM, Tulane University, New Orleans, USA; New York bar; 2019-23 doctoral candidate in law at the University of Passau and Tulane University; 2023 doctoral degrees from the University of Passau (Dr. iur.) and Tulane University (SJD); law clerk in Hamburg.

Inhalt
A. Introduction
I. The Characterization of the Provisions Protecting Forced Heirs Against Lifetime Dispositions by the Decedent
II. The Perspectives of German and Louisiana Law
III. The Structure of the Present Work
B. The Characterization Process in Louisiana and Germany
I. The Term "Characterization" and Its Subject Matter
II. The Law Governing Characterization
III. Methodology
IV. Conclusion
C. Characterizing the Provisions of Louisiana and German Law that Protect Forced Heirs and Pflichtteilsberechtigte Against Lifetime Dispositions
I. The Choice-of-Law Rules in Germany and Louisiana
II. The Substantive Law in Germany and Louisiana
III. Characterization Under the German and Louisiana Conflicts Systems
D. Conclusion
I. The Right to Freely Choose the Applicable Law
II. The Protection of the Justified Expectations of the Parties by the Succession Conflicts Rules
III. Characteristics of the Substantive Law
E. Summary
I. The Characterization Process in Louisiana and Germany
II. Characterizing the Provisions in Louisiana and German Law Protecting Forced Heirs and Pflichtteilsberechtigte Against Lifetime Dispositions