The transfer of property at death other than by succession under Private International Law

Estate Planning institutions, from English and American laws, allow an individual to transfer property at death to a beneficiary previously designated by him, other than by succession. It became necessary to analyse these mechanisms in their original context so as to implement the teleological-functional qualification. This one failed to assimilate Anglo-American and french laws institutions. Therefore, they are exorbitant institutions.
Following this demonstration, we had to identify the law that is applicable to them. This is the reason why the contemporary doctrinal propositions were tested. Due to the specificities of the Estate Planning institutions -the right of survivorship, the life interest, and bypass the probate process, the implementation of the current rules of conflict of laws is irrelevant. The only way that could be further explored to accommodate these institutions with the french legal system was the international private law empowered the domestic law. In order to verify the relevance of the development of an autonomous category and its connecting factor, it was necessary to consider the mandatory rules and the content of the international public order. None of these methods, neither alternative nor corrective, constitute an obstacle for our proposed specific rule on conflict of laws to the Estate Planning institutions