Jan Peter Schmidt How Should We Organize the Liquidation of the Estate of A Deceased Person?

Jan Schmidt is Head of the Centre for the Application of Foreign Law at the Max-Planck-Institute for Comparative and International Private Law in Hamburg. Formerly a research assistant at the Institute of European and Comparative Private Law and a Max-Planck-Fellow at the University of Oxford, Schmidt underwent his legal training in Berlin, including work at the German Parliament and the German Embassy in Costa Rica. Schmidt’s main research interests include the law of succession, private law in Latin America and comparative European private law. Schmidt was the 2009 recipient of the Max-Planck-Society’s Otto Hahn medal.

Area of Research

International Private Law

since 2015

Managing Director

Max Planck Institute for Comparative and International Private Law

Centre for the Application of Foreign Law

since 2016

Chair

German-Brazilian Lawyers’ Association

2020

Postdoctoral Lecture Qualification (Habilitation)

University of Regensburg (Universität Regensburg)

2009

Dissertation

Max Planck Institute for Comparative and International Private Law

Supervisor: Prof. Dr. Dr. h.c. mult. Reinhard Zimmermann

1996-2002

Law Studies

University of Konstanz (Universität Konstanz)

1998-1999

Law Studies

Universidad Complutense (Madrid)

2012-2013

Research Assuistant

University of Oxford

Institute of European and Comparative Private Law

- German-Brazilian Lawyers’ Association

Prizes

- Otto-Hahn-Medaille der Max-Planck-Gesellschaft (2009)

Fellowships

- Max-Planck-Fellow, Oxford University (2012-2013)

© Maximilian Dörrbecker

Max Planck Society


"The Max Planck Society is Germany's most successful research organization. Since its establishment in 1948, no fewer than 18 Nobel laureates have emerged from the ranks of its scientists, putting it on a par with the best and most prestigious research institutions worldwide. The more than 15,000 publications each year in internationally renowned scientific journals are proof of the outstanding research work conducted at Max Planck Institutes – and many of those articles are among the most-cited publications in the relevant field." (Source)

Institute

Max Planck Institute for Comparative and International Private Law

The Max Planck Institute for Comparative and International Private Law in Hamburg is dedicated to performing foundational research and promoting the transfer of knowledge in the fields of comparative and international private law and business law. By analysing similarities and differences in the legal regimes of Europe as well as other parts of the world, the Institute studies the interaction of private rule-making, national legal systems, supranational law and interstate treaties. The research performed at the Institute also serves to lay the ground­work for an international understanding of law and to help develop rules and legal instruments with which the application of national law can be better coordinated in cross-border matters. This is an academic mission of consider­able significance particularly within a united Europe and against the background of increasing globalisation and a corresponding internationalisation of law. (Source)

Map

When a person dies leaving property behind, the law of succession determines what happens to it. In this video, JAN SCHMIDT explores how the desired distribution of assets is actually implemented when an estate is liquidated. Analyzing how the law of succession has developed through history and internationally, Schmidt shows that though questions of succession are extremely complex, there are shared fundamental issues which mean that approaches adopted in other times or jurisdictions can be both learned from and fruitfully drawn upon. The research breaks new ground in bringing a comparative approach to bear on the law of succession, an approach heretofore applied more readily to areas like the law of contract.

LT Video Publication DOI: https://doi.org/10.21036/LTPUB10864

Transfer of Property on Death and Creditor Protection: The Meaning and Role of "Universal Succession"

  • Jan Peter Schmidt
  • Nothing So Practical as a Good Theory: Festschrift for George L. Gretton
  • Published in 2017
Jan Peter Schmidt. "Transfer of Property on Death and Creditor Protection: The Meaning and Role of "Universal Succession"." Nothing So Practical as a Good Theory: Festschrift for George L. Gretton (2017): 323–337.