Undue influence — how is it handled in other countries?

Ronald Scalise (McGlinchey Stafford Professor of Law, Louisana State University) has recently published his article entitled Undue Influence and the Law of Wills: A Comparative Analysis, 19 Duke J. Comp. & Int’l L. 41 (2008).

Here is an excerpt from the article’s introduction:

This article discusses comparatively the doctrine of undue influence in the making of wills. Although comparative scholarship flourishes in the areas of tort and contract law, hardly any comparative work exists in the area of succession. Indeed while other areas of private law have been studied for purposes of unification, “the unification or even harmonisation of succession law is not on the agenda of any law-making body.” In that regard, this article attempts to fill the gap in comparative private law. Part I surveys the history of undue influence from Roman times to the modern day. Part II examines the concept and role of undue influence in American law and the problems that exist with the doctrine. Part III considers the functionally equivalent doctrines that exist in French and German law. Part IV provides comparative insights and lessons.