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There can be no doubt that both substantive family and succession law engage in significant interaction with private international law, and, in particular, the European Union instruments in the field. While it is to be expected that substantive law heavily influences private international law instruments, it is increasingly evident that this influence can also be exerted in the reverse direction. Given that the European Union has no legislative competence in the fields of family and succession law beyond cross-border issues, this influence is indirect and, as a consequence of this indirect nature, difficult to trace. This book brings together a range of views on the reciprocal influences of substantive and private international law in the fields of family and succession law. It outlines some key elements of this interplay in selected jurisdictions and provides a basis for discussion and future work on the reciprocal influences of domestic and European law. It is essential that the choices for and within certain European instruments are made consciously and knowingly. This book therefore aims to raise awareness that these reciprocal influences exist, to stimulate academic debate and to facilitate a more open debate between European institutions and national stakeholders. With contributions by Elena Bargelli (University of Pisa, Italy), Anne Barlow (University of Exeter, England, United Kingdom), Elena D'Alessandro (University of Turin, Italy), Elise Goossens (KU Leuven; Vrije Universiteit Brussel; University of Antwerp, Belgium), Nigel Lowe (Cardiff University, Wales, United Kingdom), Robert Magnus (University of Bayreuth, Germany), Maire Ni Shuilleabhain (University College Dublin, Ireland), Walter Pintens (KU Leuven, Belgium; Saarland University, Germany), Pablo Quinza Redondo (University of Valencia, Spain), Lukas Rass-Masson (University of Toulouse, France), Anne Sanders (University of Bielefeld, Germany), Jens M. Scherpe (University of Cambridge, England, United Kingdom; University of Hong Kong; University of Aalborg, Denmark; University of the Western Cape, South Africa), Wendy Schrama (Utrecht University, The Netherlands), Denise Wiedemann (Max Planck Institute for Comparative and International Private Law, Hamburg, Germany).

Domestic relations --- Law of succession

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What happens after you die? You can't take it with you, so succession law governs how your property is passed on after your death. Succession Law Essentials teaches you all you need to know about the Scots laws of succession, including estates, executors, wills, will substitutes, valid and invalid testimony, intestate succession, legacies, vesting and more. Summary sections of Essentials Facts and Essential Cases will help you to identify, understand and remember the key elements, and tables of cases and statutes will help you to find the page you're looking for quickly and easily.

Inheritance and succession --- Bequests --- Descent and distribution --- Descents --- Hereditary succession --- Intestacy --- Intestate succession --- Law of succession --- Succession, Intestate --- Real property --- Universal succession --- Trusts and trustees --- Law and legislation

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Inheritance and succession --- -Bequests --- Descent and distribution --- Descents --- Hereditary succession --- Intestacy --- Intestate succession --- Law of succession --- Succession, Intestate --- Real property --- Universal succession --- Trusts and trustees --- Fiction --- Law and legislation --- Wales --- Fiction. --- -Fiction

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"[The authors'] objective was the gathering of a portfolio of conclusions upon which we tried to establish the degree of efficiency of a largely transplanted legislation upon the XIXth-XXth centuries conceptions and realities of the Romanian society, as well as the quality of the response prepared by the new civil legislation in the XXIst. The research has an inter- and also an intra-disciplinary approach and through its connection with the recent enactment of the New Civil Code, by seeking to verify whether this acknowledges the Romanian specific reality within the European Union. It analyzes the tradition of the family relations in the Romanian society of the XIXth and beginning of the XXth, by taking into account the historical and sociological factors, as well as the influence exerted by the religion. As a consequence, it measures the effects of a legislation that was massively borrowed on the basis of a program that was politically constructed upon the philosophical beliefs der ived from the Illuminism and we will be able to appreciate and explain its grounding. Finally, the research tries to answer some specific questions: what family model is the probable triumphant within the reform projects stemming from the interwar period? How did the case receive law the 1944 reform of the successional situation of the surviving spouse? Have the soviet-inspired legislative measures of 1954 reached their declared ideological purpose to ensure an equitable freedom within the family and the achievement of the co-interest of the spouses? Have these measures had any influence over the legal successional devolution? Finally, the research seeked for the current meaning of the notion of family in Romania (and elsewhere): its definition, composition, the configuration of the personal rapports within its ambit. The answers that were uncovered led to identifying the patrimonial consequences which may arise. The final purpose was to obtain results which would allow for a critical analysis, undergone in complete understanding of the solutions promoted by the new Romanian civil code."--

Inheritance and succession --- Domestic relations --- Bequests --- Descent and distribution --- Descents --- Hereditary succession --- Intestacy --- Intestate succession --- Law of succession --- Succession, Intestate --- Law and legislation --- Real property --- Universal succession --- Trusts and trustees --- Inheritance and succession - Romania --- Domestic relations - Romania --- Roumanie

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This third volume in a series on Comparative Succession Law concerns the entitlement of family members to override the provisions of a deceased person's will to obtain money or assets (or more money or assets) from the person's estate. Some countries, notably those in the civil law tradition (such as France or Germany), confer a pre-ordained share of the deceased's estate or of its value on certain members of the deceased's family, and especially on the deceased's children and spouse. Other countries, notably those in the common law tradition (such as England, Canada, or Australia), leave the matter to the discretion of the court, the amount awarded depending primarily on financial need. Whichever form it takes, mandatory family provision is both a protection against disinheritance and also, therefore, a restriction on testamentary freedom.0The volume focuses on Europe and on countries influenced by the European experience. In addition to detailed treatment of the law in Austria, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Norway, Poland, Scotland, and Spain, the book also has chapters on Australia and New Zealand, South Africa, the United States, Canada, the countries of Latin America, and the People's Republic of China. Some other countries are covered more briefly, and there is a separate chapter on0Islamic law. The book opens with accounts of Roman law and of the law in medieval and early-modern Europe, and it concludes with a comparative assessment of the law as it is today in the countries and legal traditions surveyed in this volume.

Inheritance and succession. --- Bequests --- Descent and distribution --- Descents --- Hereditary succession --- Inheritance and succession --- Intestacy --- Intestate succession --- Law of succession --- Succession, Intestate --- Real property --- Universal succession --- Trusts and trustees --- Law and legislation