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Mandatory Family Protection
  • Language: en
  • Pages: 833

Mandatory Family Protection

  • Type: Book
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  • Published: 2020
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  • Publisher: Unknown

This book is about the protection from disinheritance. Regardless of what a person's will might say, the closest relatives usually have a claim to some of the deceased's property. The book explores this issue in a sample of countries in Europe as well as in the USA, Canada, Latin America, China, South Africa, Australia, and New Zealand.

Comparative Succession Law
  • Language: en
  • Pages: 523

Comparative Succession Law

  • Categories: Law
  • Type: Book
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  • Published: 2011
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  • Publisher: Unknown

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 requiremen...

Good Faith in European Contract Law
  • Language: en
  • Pages: 762

Good Faith in European Contract Law

  • Categories: Law

For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.

Intestate Succession
  • Language: en
  • Pages: 561

Intestate Succession

  • Categories: Law
  • Type: Book
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  • Published: 2015
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  • Publisher: Unknown

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 ...

Extraterritoriality and Collective Redress
  • Language: en
  • Pages: 491

Extraterritoriality and Collective Redress

  • Categories: Law

Examines the extraterritorial effect of collective redress litigation, looking at the way in which many collective redress issues span frontiers, and thus involve complex transnational dynamics. Includes detailed analysis of the law and jurisprudence with significant practical impact in this area.

EU Cross-Border Succession Law
  • Language: en
  • Pages: 575

EU Cross-Border Succession Law

  • Categories: Law

With cross-border successions becoming increasingly common in the context of the European Union, this timely book offers a systematic practical analysis of how cross-border successions should be treated, including examination of which courts may establish jurisdiction over succession disputes and which law governs such disputes. Studying cross-border successions in the context of estate planning and in the opening and liquidation of a succession, it examines the specificities of the European Certificate of Succession, contextualising it within its interface with the national laws and practice of EU Member States.

The Characterization of Provisions Protecting Forced Heirs Against Lifetime Dispositions
  • Language: en
  • Pages: 451

The Characterization of Provisions Protecting Forced Heirs Against Lifetime Dispositions

  • Categories: Law
  • Type: Book
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  • Published: 2023-07-07
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  • Publisher: Mohr Siebeck

Normally, forced heirship is primarily associated with a restraint of the decedent's testamentary freedom of disposition. Nevertheless, to effectively protect the forced heirs, forced heirship systems usually also contain various mechanisms to restrain the decedent's lifetime freedom of disposition. Scholars and courts have been debating the proper characterization of these mechanisms in conflicts of laws for decades. Raphael de Barros Fritz addresses the many open questions surrounding this issue by analysing the characterization of forced heirship mechanisms in the laws of Louisiana and Germany.

Succession Law, Practice and Society in Europe across the Centuries
  • Language: en
  • Pages: 652

Succession Law, Practice and Society in Europe across the Centuries

  • Categories: Law
  • Type: Book
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  • Published: 2018-03-19
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  • Publisher: Springer

This book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history. It examines society and legal practice in Europe from the Middle Ages to the present from both a legal and a sociological perspective. The contributing authors investigate various aspects of succession law that have not yet been thoroughly examined by legal historians, and in doing so they not only add to our knowledge of past succession law but also provide a valuable key to interpreting and understanding current European succession law. Readers can explore such issues as the importance of a father’s permission to marry in relation to disinheritance, as well as inheritance transactions and private, dynastic and cross-border successions. Further themes addressed by the expert contributors include women’s inheritance rights, the laws of succession for the prince in legal consulting, and succession in the Rota Romana’s jurisprudence.

Comparative Succession Law
  • Language: en
  • Pages: 680

Comparative Succession Law

  • Categories: Law
  • Type: Book
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  • Published: 2015-08-27
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  • Publisher: OUP Oxford

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 ...

Diritto civile
  • Language: it
  • Pages: 660

Diritto civile

  • Categories: Law

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