Clawback Law In The Context Of Succession
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Clawback Law In The Context Of Succession
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Author : Jayne Holliday
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-05-14
Clawback Law In The Context Of Succession written by Jayne Holliday and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-14 with Law categories.
This book offers a global solution for determining the law applicable to a claim to clawback an inter vivos gift from a third party within the context of a succession. The book aims to identify an appropriate and applicable legal framework which supports legal certainty for cross-border estate planning and protects the legitimate expectations of the relevant parties. This is an area of private international law that has yet to be handled satisfactorily – as can be seen by the inadequate treatment of clawback from third parties in the 1989 Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons, and the 2012 EU Succession Regulation.
Clawback Law In The Context Of Succession
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FREE 30 Days
Author : Jayne Holliday
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-05-14
Clawback Law In The Context Of Succession written by Jayne Holliday and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-14 with Law categories.
This book offers a global solution for determining the law applicable to a claim to clawback an inter vivos gift from a third party within the context of a succession. The book aims to identify an appropriate and applicable legal framework which supports legal certainty for cross-border estate planning and protects the legitimate expectations of the relevant parties. This is an area of private international law that has yet to be handled satisfactorily – as can be seen by the inadequate treatment of clawback from third parties in the 1989 Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons, and the 2012 EU Succession Regulation.
A Guide To Global Private International Law
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Author : Paul Beaumont
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-05-05
A Guide To Global Private International Law written by Paul Beaumont and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-05 with Law categories.
This book provides a substantial overview of the discipline of private international law viewed from a global perspective. The guide is divided into 4 key sections. Theory Institutional and Conceptual Framework Issues Civil and Commercial Law (apart from Family Law) Family Law Each chapter is written by a leading expert(s). The chapters address specific areas/aspects of private international law and consider the existing global solutions and the possibilities of improving/creating them. Where appropriate, the chapters are co-authored by experts from different legal perspectives in order to achieve as balanced a picture as possible. The range of contributions includes authors from Europe, North America, Latin America, Africa, Asia and Oceania. An essential resource for academics, practitioners and students alike.
Private International Law And Competition Litigation In A Global Context
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Author : Mihail Danov
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-09-21
Private International Law And Competition Litigation In A Global Context written by Mihail Danov and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-21 with Law categories.
This important book systematically analyses the private international law issues regarding private antitrust damages claims which arise out of transnational competition law infringements. It identifies those problems that need to be considered by injured parties, defendants, judges and policy-makers when dealing with cross-border private antitrust damages claims in a global context. It considers the post-Brexit landscape and the implications in cross border private proceedings before the English courts and suggests how the legal landscape should be developed. It also sets out how private international law techniques could play an increasingly important role in private antitrust enforcement. Comprehensive and rigorous, this is required reading for scholars of both competition litigation and private international law.
The Characterization Of Provisions Protecting Forced Heirs Against Lifetime Dispositions
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Author : Raphael de Barros Fritz
language : en
Publisher: Mohr Siebeck
Release Date : 2023-07-07
The Characterization Of Provisions Protecting Forced Heirs Against Lifetime Dispositions written by Raphael de Barros Fritz and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-07 with Law categories.
Normally, forced heirship is primarily associated with a restraint of the decedent's testamentary freedom of disposition. Nevertheless, to effectively protect the forced heirs, forced heirship systems usually also contain various mechanisms to restrain the decedent's lifetime freedom of disposition. Scholars and courts have been debating the proper characterization of these mechanisms in conflicts of laws for decades. Raphael de Barros Fritz addresses the many open questions surrounding this issue by analysing the characterization of forced heirship mechanisms in the laws of Louisiana and Germany.
Private International Law
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Author : P. R. Beaumont
language : en
Publisher:
Release Date : 2011
Private International Law written by P. R. Beaumont and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Conflict of laws categories.
In analysing European and global instruments the authors present a critique of the impact of the Hague Conference on Private International Law and European law in general on Scots law. In particular they look at choice of court, protection of adults, protection of children, conventions on maintenance and inter-country adoption.
Constructive And Resulting Trusts
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Author : C Mitchell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-03-03
Constructive And Resulting Trusts written by C Mitchell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-03-03 with Law categories.
Constructive and resulting trusts have a long history in English law, and the law which governs them continues to develop as they are pressed into service to perform a wide variety of different functions, for example, to support the working of express trusts and other fiduciary relationships, to allocate family property rights, and to undo the consequences of commercial fraud. However, while their conceptual flexibility makes them enormously useful, it also makes them hard to understand. In the twelve essays collected in this volume, the authors shed new light on various aspects of the law governing constructive and resulting trusts, revisiting current controversies, bringing new historical material to the fore, and offering new theoretical perspectives.
A Guide To Global Private International Law
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Author : Paul Beaumont
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-05-05
A Guide To Global Private International Law written by Paul Beaumont and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-05 with Law categories.
"[This book addresses] specific areas/aspects of private international law and [considers] the existing global solutions and the possibilities of improving/creating them. Where appropriate, the chapters are co-authored by experts from different legal perspectives in order to achieve as balanced a picture as possible. The range of contributions includes authors from Europe, North America, Latin America, Africa, Asia and Oceania"--
The International Trust
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Author : John Glasson
language : en
Publisher: Jordan Publishing (GB)
Release Date : 2002
The International Trust written by John Glasson and has been published by Jordan Publishing (GB) this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
The expression "international trust" has no settled definition, although it is in common use. Generally, the term is applied to a trust that has legal significance with two or more countries. Until the 1960s international trusts were rarely encountered; they are now commonplace. This is partly due to the increased mobility of people and property, but mostly because of the growth of the offshore trust industry. Distilling the knowledge and breadth of experience from a distinguished collection of individual contributors, The International Trust deals with a variety of highly topical and significant issues. These range from international recognition of trusts to protectors and forced heirship, as well as an examination of the particular difficulties that arise in the context of civil law jurisdictions. This book is adapted from, and revises material on, many of the topics covered by the loose-leaf encyclopedia International Trust Laws. For example, chapters dealing with topics of day-by-day practical importance to the practitioner in the international trust field and chapters dealing with trusts from the perspective of Italy and Switzerland are updated and reproduced here in convenient cloth format. In addition the book includes an editor's introduction, providing an overview of the field, and a previously unpublished chapter by Professor Donovan Waters on the future of the trust from a global perspective, reflecting the most cutting-edge thinking.
The Hague Child Abduction Convention
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Author : Rhona Schuz
language : en
Publisher: A&C Black
Release Date : 2014-07-18
The Hague Child Abduction Convention written by Rhona Schuz and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-18 with Law categories.
International child abduction is one of the most emotionally charged and fascinating areas of family law practice. The 1980 Hague Convention on the Civil Aspects of International Child Abduction was the response of the international community to the increase in the phenomenon of parental child abduction. However, behind the widely acclaimed success of this Convention - which has now been ratified by more than 90 states - lie personal tragedies, academic controversy and diplomatic tensions. The continuing steady flow of case-law from the various Member States has resulted in the emergence of different approaches to the interpretation of key concepts in the Convention. In addition, over the years other global and regional legal instruments and the recommendations of the Special Commissions have had an impact on the implementation of the Convention. This book brings together all these strands and provides an up-to-date, clear and highly readable discussion of the international operation of the Abduction Convention together with in-depth critical academic analysis in light of the objectives of the Convention and other relevant legal norms, such as the 1989 UN Convention on the Rights of the Child. Throughout the book, examples are brought from case law in many jurisdictions and reference is made to relevant legal and social science literature and empirical research. Over the past decade, increasing focus has been placed on what might be seen as procedural issues, such as separate representation for children, undertakings, judicial liaison and mediation. The book analyses the significance of these developments and the extent to which they can help resolve the continuing tension between some of the objectives of the Convention and the interests of individual children. This book will be essential reading for judges, practitioners, researchers, students, policy-makers and others who are seeking a critical and informed analysis of the latest developments in international abduction law and practice. From the Foreword by Brenda Hale, Justice of the Supreme Court of the United Kingdom 'This book is, as far as I am aware, the first scholarly monograph to study the interpretation and application of the Convention across the whole legal space which it occupies and to critically assess these in light of the object and purposes of the Convention and other relevant legal norms. Cases are drawn from many jurisdictions to discuss how different countries interpret the Convention and links are made with relevant statistical, social and psychological research in a thoughtful discussion of the significance of such material both to judicial decision-making and to policy development...a study which deserves to be read by anyone with an interest in the modern phenomenon of international child abduction, whether judge, practitioner, policy-maker, parent, researcher or scholar. There is plenty for us all to think about.'