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Periodical article | Leiden University catalogue | WorldCat |
Title: | Conflicting laws of conflict in cases of international succession |
Author: | Schulze, H. Christian A.W. |
Year: | 2001 |
Periodical: | The Comparative and International Law Journal of Southern Africa |
Volume: | 34 |
Issue: | 1 |
Pages: | 34-47 |
Language: | English |
Geographic term: | South Africa |
Subjects: | international law private law law of inheritance |
Abstract: | Under South African private international law, the choice of law in conflict cases on succession points to the general connecting factors of the 'situs' in the case of immovables, and the last domicile of the testator or intestate in the case of movables. In other words, a single law shall govern the distribution of the movable estate, whereas in respect of immovables, the 'scission' principle applies. The distribution of immovable property is determined by the 'lex situs' of each immovable. Although the 'scission' principle has been criticized as causing excessive inconvenience, it is nevertheless still applied in a number of countries, including South Africa, in regard to immovables. The unitary principle, in contrast, applies in South African choice-of-law pertaining to the matrimonial property regime with regard to both movable and immovable assets. This paper shows how a collision between the choice-of-law rules of different countries can bring about situations where it is believed to be impossible to find a convincing solution. The simulated case of a German national, his wife and three children, who immigrate to South Africa where they take up permanent residence, although retaining their German citizenship, serves as an illustration. Notes, ref. |