Succession Upon Death: A Comparison of European and Turkish Private International Law
The doctoral dissertation of Biset Sena Güneş, head of the Institute’s Centre of Expertise on Turkey, comparatively analyses the European Succession Regulation, the Turkish Private International Law Act of 2007, and the Turkish-German Succession Treaty of 1929. Her study focuses in particular on conflict-of-law issues and procedural questions that could arise in Turkish-European succession cases.
Given the high number of third-State nationals residing in the EU, as well as the many EU citizens having assets in third States, cross-border succession issues are of considerable practical importance. Alongside the European Succession Regulation, the dissertation of Güneş examines the Turkish-German Succession Treaty of 1929. In addition, she looks at international civil procedure provisions found in the EU Succession Regulation, in the German-Turkish Treaty, and in Turkish law, thereby exploring potential areas of conflict. With her comparative analysis Güneş provides a third-State perspective on the EU Succession Regulation and identifies possible case constellations as arising between Turkey and EU Member States, illustrated through hypothetical scenarios. In a separate section, she addresses the significance of the European Certificate of Succession for Turkish nationals in Germany and considers its possible recognition in Turkey.
Dr. Biset Sena Güneş, LL.M. (London), studied law at the University of Istanbul; she completed a Pre-Master degree at London‘s King’s College and earned her LL.M. at Queen Mary University of London. She was, in addition, a research assistant at Yıldırım Beyazıt University in Ankara and has qualified as attorney, notary, and mediator in Turkey. After being awarded her doctoral degree from the University of Regensburg in 2021, she assumed the leadership of the newly established Centre of Expertise on Turkey at the Institute. Her doctoral thesis has been honoured with the Juratisbona-Prize for exceptional dissertations by the Alumni Association of Law Faculty at the University of Regensburg.
Image: © Max Planck Institute for Comparative and International Private Law