,

Comparative Succession Law - Volume III: Mandatory Family Protection

Specificaties
Gebonden, 832 blz. | Engels
Oxford University Press | 1e druk, 2020
ISBN13: 9780198850397
Rubricering
Hoofdrubriek : Juridisch
Oxford University Press 1e druk, 2020 9780198850397
Verwachte levertijd ongeveer 8 werkdagen

Samenvatting

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.

The 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 on Islamic 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.

Specificaties

ISBN13:9780198850397
Taal:Engels
Bindwijze:gebonden
Aantal pagina's:832
Druk:1
Verschijningsdatum:8-10-2020
Hoofdrubriek:Juridisch

Over Kenneth Reid

Kenneth Reid taught law at the University of Edinburgh from 1980 until his retirement in 2019. He was appointed to the Chair of Property Law in 1994 and to the Chair of Scots Law in 2008. From 1995 to 2005 he served as a Scottish Law Commissioner, where he was responsible for a major programme of reform of land law, subsequently implemented by legislation. His many publications focus on property law, the law of succession, trusts law, legal history, and comparative law.

Andere boeken door Kenneth Reid

Over Marius de Waal

Marius de Waal has been Professor of Private Law in the Department of Private Law, Faculty of Law, at the University of Stellenbosch since 1992. He teaches the law of succession and the law of trusts and he is the co-author of standard handbooks in these areas of South African law. Apart from the law of succession and the law of trusts, his publications also include contributions on the law of property and comparative law. He is currently Head of the Department of Private Law in the Faculty of Law.

Andere boeken door Marius de Waal

Inhoudsopgave

Preface
List of Abbreviations
List of Contributors

1:Protection Against Being Passed Over or Disinherited in Roman Law, Reinhard Zimmermann
2:Passing Over and Disinheritance in the Days of the Ius Commune, Sebastian Lohsse
3:Customary Mechanisms of Family Protection: Late Medieval and Early Modern Law, Thomas Rüfner
4:Compulsory Portion in France, Cécile Pérès
5:Forced Heirship in Italy, Alexandra Braun
6:Forced Heirship in Spain, Sergio Cámara Lapuente
7:Forced Heirship and Family Provision in Latin America, Jan Peter Schmidt
8:Compulsory Portion and Other Aspects of Family Protection in Austria, Christiane Wendehorst
9:Compulsory Portion in Germany, Reinhard Zimmermann
10:Compulsory Portion and Family Provision in the Netherlands, Wilbert D Kolkman
11:Compulsory Portion in Hungary, Lajos Vékás
12:Compulsory Portion in Poland, Frederyk Zoll
13:Family Provision in England and Wales, Roger Kerridge
14:Legal Rights in Scotland, Kenneth G C Reid
15:Family Provision in New Zealand and Australia, Nicola Peart and Prue Vines
16:Family Provision in South Africa, Marius J de Waal
17:Freedom of Testation and Family Claims in Canada, Alexandra Popovici and Lionel Smith
18:Family Protection in the United States of America, Ronald J Scalise Jr
19:Compulsory Portion and Minimum Inheritance in Norway, Jens M Scherpe and Thomas Eeg
20:Necessary Portion in China, Knut Benjamin Pißler and Timo Kleinwegener
21:Compulsory Heirship and Freedom of Testation in Islamic Law, Nadjma Yassari
22:Mandatory Family Protection in the Civilian Tradition, Reinhard Zimmermann
23:Mandatory Family Protection in the Common Law Tradition, Kenneth G C Reid
24:Mandatory Family Protection in Historical and Comparative Perspective, Kenneth G C Reid, Marius J de Waal, and Reinhard Zimmermann

Index

Rubrieken

Populaire producten

    Personen

      Trefwoorden

        Comparative Succession Law - Volume III: Mandatory Family Protection