Analysis shows the impact of public policy exception on applying foreign law in cross-border succession cases, suggesting a need for clearer regulations.
Increasing migration flows in Europe and the world will contribute to a rise in cross-border succession proceedings. As a result, when hearing a succession case, a domestic court should not only be familiar with, but should also apply the foreign law indicated by an authoritative conflict-of-law rule in the same manner that the foreign law would be applied in the country of origin. However, due to differences in national legal systems, the institution of succession may be regulated in a completely different manner in various countries. The public policy exception was introduced as a safety valve to ensure a fair and reasonable application of foreign succession law.
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Rzewuski et al. (2025) studied this question.
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