Author: Tuulikki Mikkola Publisher: Kluwer Law International B.V. ISBN: 9403545941 Category : Law Languages : en Pages : 144
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Finland covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Finland. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.
Author: Kenneth G C Reid Publisher: Oxford University Press ISBN: 0192590731 Category : Law Languages : en Pages : 832
Book Description
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.
Author: Publisher: BRILL ISBN: 9004435581 Category : Law Languages : en Pages : 430
Book Description
Nordic Inheritance Law through the Ages – Spaces of Action and Legal Strategies explores the significance of inheritance law from medieval times to the present through topical and in-depth studies that bring life to historical and contemporary inheritance practices. The contributions cover three themes: status of persons and options in the process of property devolution; wills, gift-giving and legal disputes as means to shape the working of the law; processes of inheritance legislation. The authors focus on instances where legal strategies of various actors particularly reveal inheritance law as a contested and yet constrained space of action, and somewhat surprisingly show similar solutions to family law issues dealt with in other Western European countries. Contributors are: Simone Abram, Gitte Meldgaard Abrahamsen, Per Andersen, Agnes S. Arnórsdóttir, John Asland, Knut Dørum, Thomas Eeg, Ian Peter Grohse, Marianne Holdgaard, Astrid Mellem Johnsen, Már Jónsson, Mia Korpiola, Gabriela Bjarne Larsson, Auður Magnúsdóttir, Bodil Selmer, Helle I. M. Sigh, and Miriam Tveit.
Author: Burkhard Hess Publisher: Bloomsbury Publishing ISBN: 150990171X Category : Law Languages : en Pages : 385
Book Description
This seventh volume in the Swedish Studies in European Law series brings together some of the most prominent scholars working within the fast-evolving field of EU civil justice. Civil justice has an impact on matters involving, inter alia, family relationships, consumers, entrepreneurs, employees, small and medium-sized businesses and large multinational corporations. It therefore has great power and potential. Over the past 15 years a wealth of EU measures have been enacted in this field. Issues arising from the implementation thereof and practice in relation to these measures are now emerging. Hence, this volume will explore the benefits as well as the challenges of these measures. The particular themes covered include forum shopping, alternative dispute resolution, simplified procedures and debt collection, family matters and collective redress. In addition, the deepening of the field that continues post-Lisbon has occasioned a new level of regulatory and policy challenges. These are discussed in the final part of the volume which focuses on mutual recognition also in the broader European law context of integration in the Area of Freedom, Security and Justice.
Author: Susanne Kalss Publisher: Springer ISBN: 3319180118 Category : Law Languages : en Pages : 409
Book Description
This book is one of the first to link company law to the law of succession by concentrating on family businesses. It shows that, to understand the legal framework underlying the daily operations of family businesses, one needs legal analysis, empirical data, psychological and sociological knowledge. The book works on the premise that, since many businesses have been founded by families, practitioners need to develop an understanding of the legal background of such businesses and build up experience to be able to create contracts, trusts, foundations and other legal mechanisms to give shape to systems and procedures for the transfer of shares and control within the family. Comparing the national legal order, techniques, and mechanisms in a range of countries, the book examines parallel developments in these fields of law across the world. Finally, it demonstrates the room for companies, shareholders and the members of a family to develop individual solutions within the legal framework for transferring businesses and shares to the next generation.
Author: Maciej Domański Publisher: Taylor & Francis ISBN: 1003802907 Category : Law Languages : en Pages : 839
Book Description
This book examines the implications of Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD), its resulting standard of protection for persons with disabilities and the way it is understood and implemented in its diverse signatory states. Its overarching theme is to assess the impact of CRPD Article 12 on the private law concept of legal capacity and its limitations, the significance of which carries over into the realm of penal law regulations. Its impact is analysed primarily from the legal point of view, but with due regard for its psychological and psychiatric ramifications. Recognising the importance of these disciplines is important when implementing CRPD Article 12 into domestic law, as they contribute to the determinants in creating a qualificatory legal framework for all, persons with disabilities in particular, to exercise their rights to legal capacity without let or hindrance. As active legal capacity is a notion rooted in and coming from private law, this forms the main research perspective. The first section discusses the foundational concepts constituting the CRPD Article 12 standard from domestic private law and international law perspectives. The work shows that the concepts adopted in private law interact with the protection of persons with disabilities as victims provided for in criminal law. In addition, where relevant, authors also look at public law institutions that are connected with the private law solutions. The volume will be an essential reference for academics, researchers and policy-makers working in the areas of private law, criminal law, mental health law, human rights, discrimination law as well as psychology and psychiatry.
Author: Julio César Rivera Publisher: Springer Science & Business Media ISBN: 9400779429 Category : Law Languages : en Pages : 477
Book Description
This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.
Author: Tuulikki Mikkola Publisher: Kluwer Law International B.V. ISBN: 9403501804 Category : Law Languages : en Pages : 99
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Finland covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Finland. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.
Author: Torstein Frantzen Publisher: BWV Verlag ISBN: 3830531745 Category : Inheritance and succession Languages : en Pages : 109
Book Description
Hauptbeschreibung In 2011 the Norwegian government appointed a Committee to prepare a proposal for a new inheritance act to replace the inheritance act of 1972. A German-Norwegian seminar on inheritance law took place in Bergen 2012 with a special attention to the ongoing reform of Norwegian inheritance law. The topics of the seminar were the protection of children and the surviving partner - both spouse and cohabitant. The seminar included presentations from scholars from both countries, each presented from a Norwegian and a German perspective. Several lectures also include a.
Author: Louis Garb Publisher: Oxford University Press, USA ISBN: 0199550271 Category : Language Arts & Disciplines Languages : en Pages : 841
Book Description
Increasing numbers of people have connections with one country, but live and work in another, frequently owning property or investments in several countries. As such, international aspects arise in an increasing number of estates. Different countries may have separate arrangements for ownership, taxation, and succession. International Succession equips practitioners with the information necessary to navigate problems involving these different systems. Although lawyers would often advise only on the law of the jurisdictions in which they are based, seeking advice from lawyers in other countries, this book will save the practitioner the time - and expense - of ascertaining the basics concerning the inheritance systems in different countries, offering clear and easy to use information on the laws of inheritance and succession. Each country's report is based on responses to a comprehensive questionnaire that considers the practical issues arising from the jurisdiction's individual laws, making it easy for users to make specific comparisons between the laws of one country and another. The book covers over fifty countries with entries written by experts from each country, making it an invaluable resource for the busy practitioner. This title is an improved and expanded version of International Succession, edited by Louis Garb and published by Kluwer Law International, 2004. This edition, published in hardback form, will also be supplemented annually in between editions to update the individual country entries.
Author: Tuulikki Mikkola
Author: Kenneth G C Reid
Author: 
Author: Burkhard Hess
Author: Susanne Kalss
Author: Maciej Domański
Author: Julio César Rivera
Author: Tuulikki Mikkola
Author: Torstein Frantzen
Author: Louis Garb