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Comparative Succession LawVolume II: Intestate Succession$
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Kenneth Reid, Marius de Waal, and Reinhard Zimmermann

Print publication date: 2015

Print ISBN-13: 9780198747123

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780198747123.001.0001

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Intestate Succession in Italy

Intestate Succession in Italy

(p.67) 4 Intestate Succession in Italy
Comparative Succession Law

Alexandra Braun

Oxford University Press

This chapter explores the law of intestate succession in Italy and it has have evolved over time. In so doing, it looks at the rationale of these rules as well as their limitations in an attempt to outline possible ways of improving the current provisions. It begins by tracing the historical development of intestate succession law, covering the succession law regimes in various parts of Italy prior to unification and the Civil Code of 1865. It then discusses the modern law of intestate succession; succession by relatives; succession by the spouse; cohabitants and same-sex partners; the state as an intestate heir; adjustment in respect of advances; and ‘anomalous’ successions. The chapter concludes by assessing trends and shifts, successes and limits, and suggestions for reform.

Keywords:   Italian civil law, intestate succession, succession law, intestacy rules, relatives, spouse, cohabitants, same-sex partners, anomalous successions

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