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Intestate Succession
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 ...
Inheritance, Law and Religions in the Ancient and Mediaeval Worlds
This book is about conflicts over inheritance in the Ancient and Mediaeval Worlds. It deals with rules of inheritance and property division in ancient Greece, in the Roman and Byzantine Empires, in some Latin kingdoms and in mediaeval Islamic Egypt. The sources drawn upon for this book are varied: documentary sources, such as inscriptions, papyri and manuscripts containing petitions and wills, but also literary sources, legal documents and law codes. The book focuses on the impact religions had on family law and property transmission and offers insight on Greco-Roman religion, Judaism, Christianity and Islam. It deals with gender inequality in the Ancient and Mediaeval Mediterranean world.
Succession Law, Practice and Society in Europe across the Centuries
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
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. Whi...
Exploring the Law of Succession
By comparison with other areas of private law, the law of succession has been neglected by modern scholars. This volume contributes to its rehabilitation by examining key issues in succession law from a variety of perspectives: national historical and comparative.
Law of Succession. Roman Legal Framework and Comparative Law Perspective
The experience of comparative law extends the experience of Roman law, verifies it and points to the dead-end alleys into which one can be led if the precepts of Roman law are slavishly followed. Roman law should, however, be included in analyses of comparative law. If these analyses are thorough and based on an understanding of the law and its mechanisms, aims, values and principles, and do not simply involve comparing clauses or consist in arguing to prove a hypothesis that has been formulated in advance then they are aware of and they prove the great value of the experience of Roman law. The Roman law of succession, which was so well developed and dogmatically rich, evolved over many c...
Roman Law and the Legal World of the Romans
Andrew Riggsby provides a survey of the main areas of Roman law, and their place in Roman life.
Textbook on Succession
When someone dies, their property is distributed in accordance with their will or the rules of intestacy - the cornerstones of the law of succession. The interplay between the wishes of testators and the expectations of family and friends makes for a subject of human interest. This book provides students with an exposition of succession, dispelling the notion of this as a dry subject. Substantial discussion is devoted to central issues such as the limits of testamentary freedom and the rights for spouses and children on intestacy. Considerable attention is given to the rich case law with its panorama of the foibles and failings of many an eccentric testator. The text covers all the major areas of this subject, including the administrations of estates, and is suggested reading for all students studying wills, intestacy andsuccession on law degree or vocational courses. Andrew Borkowski is the author of "Textbook on Roman Law.'
