The Characterization of Provisions Protecting Forced Heirs Against Lifetime Dispositions

A Comparative Law Study of the Laws of Louisiana and Germany

by Raphael de Barros Fritz

Book cover: The Characterization of Provisions Protecting Forced Heirs Against Lifetime Dispositions

Extent: 451 pages

Publisher: Mohr Siebeck

Subjects: Law

Series: Studien zum ausländischen und internationalen Privatrecht

Series volume number: 506

Language: English

Paperback (Published)

(July 2023)

ISBN: 9783161623646

9.09 x 6.06 inches

Price: $124.00

In stock

Legal systems with rules about forced heirship usually also protect forced heirs by constraining lifetime dispositions of assets. Raphael de Barros Fritz addresses the characterization of such mechanisms in conflicts of laws.


Normally, forced heirship is primarily associated with a restraint of the decedent’s testamentary freedom of disposition. Nevertheless, to effectively protect the forced heirs, forced heirship systems usually also contain various mechanisms to restrain the decedent’s lifetime freedom of disposition. Scholars and courts have been debating the proper characterization of these mechanisms in conflicts of laws for decades. Raphael de Barros Fritz addresses the many open questions surrounding this issue by analysing the characterization of forced heirship mechanisms in the laws of Louisiana and Germany.

  • By (author) Raphael de Barros Fritz