The rights of surviving spouse and surviving partner in comparative private law and private international law

In this dissertation, the legal regime of the patrimonial status of the widowed spouse and surviving partner is studied from a dual perspective. The first part, divided into five chapters, deals with the comparative law of Germany, Spain (Common and Foral Civil Law), France, Italy and the United Kingdom (England and Wales, Northern Ireland and Scotland). For each, it explains what rights a widowed spouse has in the absence of planning acts, what mechanisms exist to organise the rights of a widowed spouse, and what influence they have on legally established rights. It also includes a discussion of the protection of a surviving partner or cohabitee who is not married or in a registered partnership. The second part, divided into two chapters, is devoted to a study of current private international law, based on Regulations (EU) 650/2012, 2016/1103 and 2016/1104. First, the subjective issue of the family relationship is analysed as a matter prior to the status of property and succession, as a matter excluded from these Regulations and with little harmonisation in the international legal framework. Then an analysis of the objective question is provided, focusing on the problems of lack of coordination between the two Regulations in establishing the law applicable to the rights of a widowed spouse or surviving partner. In addition, the possible influence of succession planning, through the choice of applicable law, on achieving coordination is also considered.