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In this thoroughly revised second edition, Anne Laure Bandle explores the process of attribution of artworks and antiques at auction and the commercial directive of auction houses when authenticating art and protecting themselves against misattributions. Bandle provides an extensive study of the phenomenon of ÔsleepersÕ through an in-depth analysis of the contractual relationships, liabilities and remedies that arise in the context of auction sales.
This book focuses upon two themes: the definition of 'family' and the impact of the expansion of the concept of 'family' in law: and family fights over wills and estates - what recourse family members may have in challenging an estate. The first part, `The challenge of the "new family" for Law', considers the challenge both in the inter vivos and the postmortem contexts in the United States, Canada, France, the United Kingdom, Australia and New Zealand. A particular focus is upon the dramatic expansion of the definition of family from the traditional nuclear family consisting of a husband, wife and their mutual children to a definition that includes unmarried heterosexual and same sex couple...
The problem of enforcing a money judgment exists in every legal system in the world, but the methods and orientation vary significantly. Effective enforcement proceedings are crucial to ensure full access to justice for creditors. Complete and full knowledge of the debtors’ assets is crucial to choose the appropriate enforcement measure. But each legal system must balance the creditors’ rights to an efficient enforcement with the debtors’ rights. The wide differences between enforcement proceedings mirror the way each society tries to find a balance between confronting rights and interests. This book explores and compares how different legal systems approach these issues with a focus o...
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...
Sharing Lives explores the most important human relationships which last for the longest period of our lives: those between adult children and their parents. Offering a new reference point for studies on the sociology of family, the book focuses on the reasons and results of lifelong intergenerational solidarity by looking at individuals, families and societies. This monograph combines theoretical reasoning with empirical research, based on the Survey of Health, Ageing and Retirement in Europe (SHARE). The book focuses on the following areas: ● Adult family generations, from young adulthood to the end of life, and beyond ● Contact, conflict, coresidence, money, time, inheritance ● Cons...
Who is a child’s legal mother? Must a child have exactly one mother, can it have two or three, or can it have two fathers, but no mother? Or has the concept of motherhood become obsolete and should we just talk of parenthood in a gender neutral way? Questions such as these would have appeared esoteric only a few decades ago, but as a result of new social developments (such as frequent family reconstitutions, gay and lesbian emancipation or surrogacy) and of technological innovations (such as egg and embryo donations) they have become issues in a vehement debate. The interdisciplinary contributions to this book focus on the legal definition of motherhood, on the way in which legal conceptio...
Money today is a political tool. To understand the implications of this, you first have to understand the agenda of those who wield political power. The political trend for decades has been toward democratic socialism, with its abhorrence of markets and its love of the planned economy. Its continued success must worry anyone who desires freedom and prosperity. The Global Currency Plot puts socialism to a rigorous test of logic and finds it wanting. Polleit offers an antidote to democratic socialism and its monetary conquest—the private law society with a free market for money. The book is primarily intended for the noneconomist, but it will appeal to anyone who seeks answers to the politic...
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Israel. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable propert...