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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 Austria

Intestate Succession in Austria

(p.159) 7 Intestate Succession in Austria
Comparative Succession Law

Christiane Wendehorst

Oxford University Press

The Austrian law of intestate succession is known for being the first to introduce the parentelic system, which later found its way into the German and Swiss Civil Codes and has become a worldwide success story. This chapter begins with an introduction to the parentelic system. It reviews the controversy over the true origins of the parentelic system due to the diverging positions taken by succession law scholars and legal historians. It then discusses current laws of interstate succession under the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB) as well as the rules for determining the group of eligible heirs and determining the size of shares, and the rules for preferential benefits, advancements, and other reasons for adjustment. The chapter concludes by considering plans to reform Austrian succession law.

Keywords:   Austrian General Civil Code, civil law, intestate succession, succession law, parentelic system, heirs, shares, preferential benefits, advancements

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