Acceso usuarios
Olivier Gaillard
The law applicable to transnational estates between Switzerland and Greec is determined by a bilateral Convention ratified in 1927, at a time when both States Parties had adopted diametrically opposite approaches in matters of international successions (lex patriae vs. lex domicilii; scission vs. unitary system). The search for a compromise between these two systems has resulted in a rather unsatisfactory hybrid rule, which poses numerous difficulties, especially with respect to its exact scope of application. Furthermore, the conventional rule has gradually become anachronistic, in view of the evolution of Greek International Private Law, specifically with the adoption of the Greek Civil Code in 1946 and, more recently, the entry into force of the European Regulation Nº 650/2012. The following contribution will deal with the ambiguities of this conventional rule and underline its unfitness to govern efficiently international estates.
