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Author: Sergio Cámara Lapuente Publisher: ISBN: Category : Languages : en Pages : 51
Book Description
Recent legislative reforms of law of succession in Spain affecting both the Spanish Civil Code (mainly from 2003) and the six civil laws of the Autonomous Communities (including changes in 2006-2007 in Galician law) give rise to a need to revaluate and reassess some of its central features. This reassessment should, consider not only changes arising from legislative intervention, but also from case law and everyday practice, as these reveal new trends in a number of areas including the legal position of widows and widowers, the rights of unmarried couples when one of them deceases (with very different approaches depending on the Spanish regions), the impact of marital crises on succession, the formal requirements of wills, the validity of inheritance agreements, estate planning, substitutes for testaments, succession of family businesses and enterprises, and the scope of a testator's freedom of disposition and the role of the forced share (on which there is an intense debate).This study explains these developments taking into account those three sources (legislation, case law and practice) and provides both an up-to-date summary of the existing legal framework and some reflections on the future based on recent proposals for further reform suggested by scholars and notaries. Finally, the experience of the Spanish jurisdiction, which comprises seven different laws of succession within one legal system, also allows observations to be made as the role of comparative law in legal development and the possibilities of harmonising law of succession in the European Union.
Author: Sergio Cámara Lapuente Publisher: ISBN: Category : Languages : en Pages : 51
Book Description
Recent legislative reforms of law of succession in Spain affecting both the Spanish Civil Code (mainly from 2003) and the six civil laws of the Autonomous Communities (including changes in 2006-2007 in Galician law) give rise to a need to revaluate and reassess some of its central features. This reassessment should, consider not only changes arising from legislative intervention, but also from case law and everyday practice, as these reveal new trends in a number of areas including the legal position of widows and widowers, the rights of unmarried couples when one of them deceases (with very different approaches depending on the Spanish regions), the impact of marital crises on succession, the formal requirements of wills, the validity of inheritance agreements, estate planning, substitutes for testaments, succession of family businesses and enterprises, and the scope of a testator's freedom of disposition and the role of the forced share (on which there is an intense debate).This study explains these developments taking into account those three sources (legislation, case law and practice) and provides both an up-to-date summary of the existing legal framework and some reflections on the future based on recent proposals for further reform suggested by scholars and notaries. Finally, the experience of the Spanish jurisdiction, which comprises seven different laws of succession within one legal system, also allows observations to be made as the role of comparative law in legal development and the possibilities of harmonising law of succession in the European Union.
Author: Miriam Anderson Publisher: Editorial CSIC - CSIC Press ISBN: 9789089520876 Category : Inheritance and succession Languages : en Pages : 366
Book Description
Preface Contents Abbreviations i Authors i part i Harmonization of Succession Law in Europe: The Current Debate chapter 1 Need and Opportunity of Convergence in European Succession Laws Walter Pintens chapter 2 Testamentary Freedom or Forced Heirship? Balancing Party Autonomy and the Protection of Family Members Andrea Bonomi part ii New Trends in Catalan Succession Law chapter 3 Between Tradition and Modernisation: A General Overview of the Catalan Succession Law Reform Esther Arroyo Amayuelas - Miriam Anderson chapter 4 Testamentary Freedom and Its Limits Esteve Bosch Capdevila chapter 5 Freedom of Testation, Compulsory Share and Disinheritance Based on Lack of Family Relationship Antoni Vaquer Aloy chapter 6 Freedom of Testation Versus Freedom to Enter Into Succession Agreements and Transaction Costs Susana Navas Navarro part iii National Perspectives on the Law of Succession in the 21st Century chapter 7 Freedom of Testation in England and Wales Roger Kerridge chapter 8 Law of Succession and Testamentary Freedom in Germany A. Röthel chapter 9 The Law of Succession in Hungary Zoltán Csehi chapter 10 Freedom of Testation in Italy Andrea Fusaro chapter 11 Acquisition of Property by Succession in Dutch Law. Tradition between Autonomy and Solidarity in a Changing Society J. Michael Milo chapter 12 The Norwegian Approach to Forced Share, the Surviving Spouse's Position and Irrevocable Wills Peter Hambro chapter 13 Restraints on Freedom of Testation in Scottish Succession Law Eric Clive chapter 14 Freedom of Testation in Slovenia Suzana Kraljić chapter 15 Freedom of Testation, Legal Inheritance Rights and Public Order under Spanish Law Sergio Cámara Lapuente.
Author: Kenneth G. C. Reid Publisher: ISBN: 0199696802 Category : Law Languages : en Pages : 523
Book Description
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 requirements of form be explained and justified? How did the law develop historically, what is the state of the law today, and what are the prospects for the future? The focus is on Europe, and on countries which have been influenced by the European experience. Thus in addition to giving a detailed treatment of the law in Austria, Belgium, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Poland, and Spain, the book explores legal developments in Australia, New Zealand, the United States of America, and in some of the countries of Latin America with a particular emphasis on Brazil. It also includes chapters on two of the mixed jurisdictions - Scotland and South Africa - and on Islamic Law. The book opens with chapters on Roman law and on the early modern law in Europe, thus setting the historical scene as well as anticipating and complementing the accounts of national history which appear in subsequent chapters; and it concludes with an assessment of the overall development of the law in the countries surveyed, and with some wider reflections on the nature and purpose of testamentary formalities.
Author: Katharina Boele-Woelki Publisher: Eleven International Publishing ISBN: 9077596194 Category : Comparative law Languages : en Pages : 1057
Book Description
This work contains the General Reports presented at the XVIIth Congress of the International Academy of Comparative Law (IACL), which was held in July 2006 in Utrecht. A wide variety of topics is covered in this collection, ranging from liability of judges to competition law. The book provides an interesting assessment of the development of comparative law in recent decades and shows the growing importance of comparative law in various disciplines of law.
Author: Sergio Cámara Lapuente Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
Although the Spanish Civil Code is especially restrictive on the will of the deceased since it imposes the "post mortem" duty to protect the family by means of fixed shares called "legítimas", this system has been softened in the latest legal reforms, testamentary practices and a new, more flexible orientation of case law on the causes for disinheritance since 2014. Legal institutions such as the "mejora" ("improvement" of some of the forced heirs), the non-penalising nature for the testator on the rules on unfair disinheritance or intentional omission (preterition) or payment of the legítima in cash in some cases give the testator some margin for decision-making despite the high amount of the forced share (two thirds of the estate for the descendants). Nevertheless, the legal system is still held to be excessively restrictive in the eyes of society and the legal community alike. This has therefore brought about various different proposals for reform, ranging the keeping of the current system but with various reforms such as reducing the forced heirs and amounts, converting it into a post mortem maintenance right in the measure of the real needs of the relatives and spouse or the abolishment of the forced heir altogether. This paper examines the history of forced heirship in Spain and assess critically the law in force as for the beneficiaries, the calculation and protection measures, the usual techniques to override in practice and the arguments in favor of the preservation of the forced heirship or in favor of a greater freedom of testation, with account of the latest developments in case law and the recent 2017 proposals to reform the Law of Succession in this respect.
Author: Sergio Cámara Lapuente
Author: Sergio Cámara Lapuente
Author: Sergio Cámara Lapuente
Author: Miriam Anderson
Author: Maurice E. Thomas
Author: Kenneth G. C. Reid
Author: Katharina Boele-Woelki
Author: Sergio Cámara Lapuente
Author: 
Author: Daniel Coit Gilman
Author: Frank Moore Colby