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This work is a detailed study of the field of private law. It takes key topics from the law of obligations and the law of property and traces their historical development.
Civil law --- History. --- Law, Civil --- Private law --- Roman law
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Launching a major new research project examining the principles of succession law in comparative perspective, this book discusses the formalities which the law imposes in order for a person to make a testamentary disposal of property. Among the questions considered are the following. How are wills made? What precisely are the rules - as to the signature of the testator, the use of witnesses, the need for a notary public or lawyer, and so on? Is there is a choice of will-type and, if so, which type is used most often and what are the advantages and disadvantages of each? How common is will-making or do most people die intestate? What happens if formalities are not observed? How can requirements of form be explained and justified? How did the law develop historically, what is the state of the law today, and what are the prospects for the future? The focus is on Europe, and on countries which have been influenced by the European experience. Thus in addition to giving a detailed treatment of the law in Austria, Belgium, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Poland, and Spain, the book explores legal developments in Australia, New Zealand, the United States of America, and in some of the countries of Latin America with a particular emphasis on Brazil. It also includes chapters on two of the mixed jurisdictions - Scotland and South Africa - and on Islamic Law. The book opens with chapters on Roman law and on the early modern law in Europe, thus setting the historical scene as well as anticipating and complementing the accounts of national history which appear in subsequent chapters; and it concludes with an assessment of the overall development of the law in the countries surveyed, and with some wider reflections on the nature and purpose of testamentary formalities
Law of civil procedure --- Wills. --- 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 --- Codicils --- Wills --- Legal instruments --- Registers of births, etc. --- Legacies --- Probate records --- Remainders (Estates) --- Law and legislation --- Formalities (Law) --- Formalities (Law). --- Law, Politics & Government --- Law, General & Comparative --- Form of juristic acts --- Form requirements (Law) --- Law --- Family law. Inheritance law --- Europees recht --- internationaal recht --- Afrique du Sud --- Allemagne --- Australie --- Autriche --- Belgique --- Espagne --- Etats-Unis --- France --- Hongrie --- Italie --- Nouvelle Zélande --- Pays-Bas --- Pologne --- Royaume-Uni
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Scotland and South Africa are two of the leading jurisdictions which integrate English common law with Continental civil law. This volume examines their experience and considers the sider lessons both for mixed legal systems and for the development of a European private law.
Civil law --- Obligations (Law) --- Property --- Civil law. --- Comparative law. --- Civil law - Scotland. --- Civil law - South Africa. --- Obligations (Law) - Scotland. --- Obligations (Law) - South Africa. --- Property - Scotland. --- Property - South Africa.
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Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.
Status of persons --- Europees recht --- internationaal recht --- erfrecht
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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
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