Europäische Erbrechtsverordnung und kollisionsrechtliche Gesetzesumgehung

The European Succession Regulation establishes uniform provisions regarding the law applicable in cases of cross border inheritance. Not only in the field of objective connection (last habitual residence) but also regarding choice of law (nationality), a person can exert influence and make a law applicable that appears convenient. This can give reason to an examination of an evasion of the law, which numerous legal systems handle with the aid of autonomous national mechanisms. This is taken up by Recital 26 of the Regulation which allows recourse to respective mechanisms. The analysis of the relevance and scope of this Recital, that has so far been payed little regard to, take center stage in the thesis.