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The Netherlands Private International Law of Succession and the German Courts
Published online by Cambridge University Press: 21 May 2009
Extract
It transpires from the article by Dr. H. W. Baade in the Netherlands International Law Review for April 1959 (p. 174ff.), that a German Court, in determining the law governing succession to the estate of a Dutch citizen domiciled in Germany, has indeed considered as relevant circumstances which indicated a close connection between the deceased and the country in which he was resident (Landgericht Koblenz, 17 July 1958, cited on p. 182 of the above article). I believe it to be of importance therefore to emphasize once again that Netherlands jurisprudence does not tend to apply the lex domicilii as opposed to the national law of the testator, and that one must not gain the contrary impression from the three decisions of Netherlands Courts which Dr. Baade cites.
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- Copyright © T.M.C. Asser Press 1959
References
1. Published in Juristen-Zeitung 1959, p. 316Google Scholar, with a note by Dr. Ulrich Drobing.
2. Further to my article in Neue Juristische Wochenschrift, 1668.Google Scholar
3. See the commentary on art. 15, sub-sect. 1, of the Draft for a Unified Private International Law, appended to the Treaty of May 11th, 1951 between the Benelux States.
4. A comparable rule in Dutch Law is to be found in art. 36 of the Frontier Correction Act of September 26th, 1951 (Staatsblad 434): “Male and unmarried female aliens, possessing German nationality, … will be … treated as though they were Netherlands subjects, without however obtaining Dutch nationality”. It would be very far-fetched to distil from this a sign of the ultimate effects of the domiciliary principle!