Clawback Law in the Context of Succession

Jayne Holliday is Lecturer in Law in the University of Stirling.

1. Introduction
I. Background and Context
II. Aim and Purpose
III. Methodology
IV. Structure and Scope
V. Conclusion
2. Legislative Drafting
I. Legal Diversity and the Need for High-Quality Comparative Research
II. The Principles of Legal Certainty and Legitimate Expectations
III. Legal Certainty under the Succession Regulation
IV. Conclusion
3. Clawback: A Comparative Analysis
I. Introduction
II. Empirical and Analytical Research
III. Findings from the Participating EU Member States
IV. Countries not Participating in the EU Succession Regulation Analysed for this Book
V. Overall Observations on the Rules Pertaining to Clawback
VI. Shari’a Law
VII. Conclusion
4. Characterisation
I. Introduction
II. The 1989 Hague Convention
III. The EU Succession Regulation
IV. Preparation for Determining the Applicable Law
V. Conclusion
5. The Applicable Law
I. Introduction
II. A Sui Generis Approach
III. What is the Most Appropriate Connecting Factor?
IV. Recommendations for a New Private International Law Solution
V. Conclusion
6. Conclusion