Comparative Succession Law

Zusatztext The freedom afforded to authors has allowed for rich analysis... exploring how the law in each jurisdiction has developed. Informationen zum Autor 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.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.Reinhard Zimmermann is a Director of the Max Planck Institute for Comparative and International Private Law in Hamburg, Honorary Professor at the University of Edinburgh, Affiliate Professor at Bucerius Law School, and has been Visiting Professor at the Universities of Edinburgh, Stellenbosch, New Orleans, Chicago, Berkeley, Yale, and Auckland. He is the author of numerous books on comparative law and legal history, including The Law of Obligations (OUP, 1996) and The New German Law of Obligations (OUP, 2005). Klappentext This book is about the protection from disinheritance. Regardless of what a person's will might say, the closest relatives usually have a claim to some of the deceased's property. The book explores this issue in a sample of countries in Europe as well as in the USA, Canada, Latin America, China, South Africa, Australia, and New Zealand. Zusammenfassung This book is about the protection from disinheritance. Regardless of what a person's will might say, the closest relatives usually have a claim to some of the deceased's property. The book explores this issue in a sample of countries in Europe as well as in the USA, Canada, Latin America, China, South Africa, Australia, and New Zealand. Inhaltsverzeichnis Preface List of Abbreviations List of Contributors 1: Reinhard Zimmermann: Protection Against Being Passed Over or Disinherited in Roman Law 2: Sebastian Lohsse: Passing Over and Disinheritance in the Days of the Ius Commune 3: Thomas Rüfner: Customary Mechanisms of Family Protection: Late Medieval and Early Modern Law 4: Cécile Pérès: Compulsory Portion in France 5: Alexandra Braun: Forced Heirship in Italy 6: Sergio Cámara Lapuente: Forced Heirship in Spain 7: Jan Peter Schmidt: Forced Heirship and Family Provision in Latin America 8: Christiane Wendehorst: Compulsory Portion and Other Aspects of Family Protection in Austria 9: Reinhard Zimmermann: Compulsory Portion in Germany 10: Wilbert D Kolkman: Compulsory Portion and Family Provision in the Netherlands 11: Lajos Vékás: Compulsory Portion in Hungary 12: Frederyk Zoll: Compulsory Portion in Poland 13: Roger Kerridge: Family Provision in England and Wales 14: Kenneth G C Reid: Legal Rights in Scotland 15: Nicola Peart and Prue Vines: Family Provision in New Zealand and Australia 16: Marius J de Waal: Family Provision in South Africa 17: Alexandra Popovici and Lionel Smith: Freedom of Testation and Family Claims in Canada 18: Ronald J Scalise Jr: Family Protection in the United States of America 19: Jens M Scherpe and Thomas Eeg: Compulsory Portion and Minimum Inheritance in Norway 20: Knut Benjamin Pißler and Timo Kleinwegener: Necessary Portion in China 21: Nadjma Yassari: Compulsory Heirship and Fr...

Auteur
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. 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. Reinhard Zimmermann is a Director of the Max Planck Institute for Comparative and International Private Law in Hamburg, Honorary Professor at the University of Edinburgh, Affiliate Professor at Bucerius Law School, and has been Visiting Professor at the Universities of Edinburgh, Stellenbosch, New Orleans, Chicago, Berkeley, Yale, and Auckland. He is the author of numerous books on comparative law and legal history, including The Law of Obligations (OUP, 1996) and The New German Law of Obligations (OUP, 2005).

Texte du rabat

This book is about the protection from disinheritance. Regardless of what a person's will might say, the closest relatives usually have a claim to some of the deceased's property. The book explores this issue in a sample of countries in Europe as well as in the USA, Canada, Latin America, China, South Africa, Australia, and New Zealand.

Contenu

• Preface

• List of Abbreviations

• List of Contributors

• 1: Reinhard Zimmermann: Protection Against Being Passed Over or Disinherited in Roman Law

• 2: Sebastian Lohsse: Passing Over and Disinheritance in the Days of the Ius Commune

• 3: Thomas Rüfner: Customary Mechanisms of Family Protection: Late Medieval and Early Modern Law

• 4: Cécile Pérès: Compulsory Portion in France

• 5: Alexandra Braun: Forced Heirship in Italy

• 6: Sergio Cámara Lapuente: Forced Heirship in Spain

• 7: Jan Peter Schmidt: Forced Heirship and Family Provision in Latin America

• 8: Christiane Wendehorst: Compulsory Portion and Other Aspects of Family Protection in Austria

• 9: Reinhard Zimmermann: Compulsory Portion in Germany

• 10: Wilbert D Kolkman: Compulsory Portion and Family Provision in the Netherlands

• 11: Lajos Vékás: Compulsory Portion in Hungary

• 12: Frederyk Zoll: Compulsory Portion in Poland

• 13: Roger Kerridge: Family Provision in England and Wales

• 14: Kenneth G C Reid: Legal Rights in Scotland

• 15: Nicola Peart and Prue Vines: Family Provision in New Zealand and Australia

• 16: Marius J de Waal: Family Provision in South Africa

• 17: Alexandra Popovici and Lionel Smith: Freedom of Testation and Family Claims in Canada

• 18: Ronald J Scalise Jr: Family Protection in the United States of America

• 19: Jens M Scherpe and Thomas Eeg: Compulsory Portion and Minimum Inheritance in Norway

• 20: Knut Benjamin Pißler and Timo Kleinwegener: Necessary Portion in China

• 21: Nadjma Yassari: Compulsory Heirship and Freedom of Testation in Islamic Law

• 22: Reinhard Zimmermann: Mandatory Family Protection in the Civilian Tradition

• 23: Kenneth G C Reid: Mandatory Family Protection in the Common Law Tradition

• 24: Kenneth G C Reid, Marius J de Waal, and Reinhard Zimmermann: Mandatory Family Protection in Historical and Comparative Perspective

• Index