Europ Ische Regulierung Institutioneller Stimmrechtsberater

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Comparative Succession Law

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Author : Kenneth G C Reid
language : en
Publisher: Oxford University Press
Release Date : 2020-10-09

Comparative Succession Law written by Kenneth G C Reid and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-09 with Law categories.

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.

Filiation And The Protection Of Parentless Children

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Author : Nadjma Yassari
language : en
Publisher: Springer
Release Date : 2019-07-03

Filiation And The Protection Of Parentless Children written by Nadjma Yassari and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-03 with Law categories.

This book contains selected contributions presented during the workshop “Establishing Filiation: Towards a Social Definition of the Family in Islamic and Middle Eastern Law?”, which was convened in Beirut, Lebanon in November 2017. Filiation is a multifaceted concept in Muslim jurisdictions. Beyond its legal aspect, it encompasses the notion of inclusion and belonging, thereby holding significant social implications. Being the child of someone, carrying one’s father’s name, and inheriting from both parents form important pillars of personal identity. This volume explores filiation (nasab) and alternative forms of a full parent-child relationship in Muslim jurisdictions. Eleven country reports ranging from Morocco to Malaysia examine how maternal and paternal filiation is established – be it by operation of the law, by the parties’ exercise of autonomy, such as acknowledgement, or by scientific means, DNA testing in particular – and how lawmakers, courts, and society at large view and treat children who fall outside those legal structures, especially children born out of wedlock or under dubious circumstances. In a second step, alternative care schemes in place for the protection of parentless children are examined and their potential to recreate a legal parent-child relationship is discussed. In addition to the countr y-specific analyses included in this book, three further contributions explore the subject matter from perspectives of premodern Sunni legal doctrine, premodern Shiite legal doctrine and the private international law regimes of contemporary Arab countries. Finally, a comparative analysis of the themes explored is presented in the synopsis at the end of this volume. The book is aimed at scholars in the fields of Muslim family law and comparative family law and is of high practical relevance to legal practitioners working in the area of international child law. Nadjma Yassari is Leader of the Research Group “Changes in God’s Law: An Inner-Islamic Comparison of Family and Succession Law” at the Max Planck Institute for Comparative and International Private Law while Lena-Maria Möller is a Senior Research Fellow at the Max Planck Institute and a member of the same Research Group. Marie-Claude Najm is a Professor in the Faculty of Law and Political Science at Saint Joseph University of Beirut in Lebanon and Director of the Centre of Legal Studies and Research for the Arab World (CEDROMA).

Conflict Of Laws In Intellectual Property

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Author : , European Max Planck Group on Conflict of Laws in Intellectual Property
language : en
Publisher: OUP Oxford
Release Date : 2013-02-14

Conflict Of Laws In Intellectual Property written by , European Max Planck Group on Conflict of Laws in Intellectual Property and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-14 with Law categories.

The Conflict of Laws in Intellectual Property (CLIP) Principles set out rules to resolve international disputes involving intellectual property rights, supplementing international and domestic law, as well as aiding lawyers to interpret the same. This work sets out the Principles alongside article-by-article analysis from authors of the Principles.

Intestate Succession

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Author : Kenneth G. C. Reid
language : en
Publisher:
Release Date : 2015

Intestate Succession written by Kenneth G. C. Reid and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.

Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.

Essential Cases On Damage

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Author : Bénédict Winiger
language : en
Publisher: Walter de Gruyter
Release Date : 2011

Essential Cases On Damage written by Bénédict Winiger and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Damages categories.

With an emerging ius commune in the field of tort law, the extensive range of experiences derived from national court practice on the basis of prior laws will in certain respects be of comparatively less importance. A major lacuna is thus apparent: While publications of court decisions and databases exist, none provide access to a comparative selection of recurring issues in the various European legal systems. Along the lines of the previous Digest project on Causation, this study covers another key element of tort law damage. The publication contains a systematic selection of cases from 27 countries across Europe in addition to ECJ case-law, with each case benefiting from an analysis and commentary from a national and, where appropriate, a comparative perspective. Further, the impact of these rulings on a future European law of torts is highlighted. Finally, the publication also looks into how key cases would be resolved under unified European tort law drafts. The object of the study is thus to bridge domestic case-law with the new body of uniform tort law thus facilitating the continuity of legal development in Europe."

International Encyclopedia Of Comparative Law

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Author : René David
language : en
Publisher:
Release Date : 1985

International Encyclopedia Of Comparative Law written by René David and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with categories.

Exploring The Law Of Succession

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Author : Reid
language : en
Publisher:
Release Date :

Exploring The Law Of Succession written by Reid and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with Inheritance and succession categories.

This volume explores key issues in the law of succession from a variety of perspectives: national, historical and comparative.

European Private Law Sources

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Author : Jurgen Basedow
language : en
Publisher: Springer
Release Date : 2000-12-21

European Private Law Sources written by Jurgen Basedow and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-12-21 with Law categories.

This collection will satisfy the need of practitioners for access to the private law of the Community, for the obligation to interpret national law in conformity with EC directives often requires a comparison with Community legislation. At the same time the collection will facilitate analysis and may thereby contribute to an improvement of the texts and their understanding. The collection does not reproduce the entire private law of the Community; it includes enactments that exclusively or mainly concern private law. The collection reproduces acts which can essentially be classified under six headings: the law of companies and undertakings labour law the law of obligations, which mainly comprises measures of consumer protection the law of advertising copyright law and the law of industrial property The European acts are binding in many languages. A book which reproduces all of them would be desirable, but, for its price, impossible to sell. This book is conceived so as to provide a synoptical reproduction of different language versions of one and the same act, and to allow for a permanent comparison. It follows that it is limited to four languages which are selected in accordance with their frequency within the Community. They include the working languages used by the Community agencies in the legislative process. The acts are reproduced as amended by later secondary legislation, but without taking into account the renumbering of the provisions of the EC Treaty by the Treaty of Amsterdam.

Behavioural Law And Economics

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Author : Jeffrey John Rachlinski
language : en
Publisher:
Release Date : 2009

Behavioural Law And Economics written by Jeffrey John Rachlinski and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.

The Cambridge Companion To European Union Private Law

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Author : Christian Twigg-Flesner
language : en
Publisher: Cambridge University Press
Release Date : 2010-05-20

The Cambridge Companion To European Union Private Law written by Christian Twigg-Flesner and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-20 with Law categories.

The emergence of EU Private Law as an independent legal discipline is one of the most significant developments in European legal scholarship in recent times. In this 2010 Companion, leading scholars provide a critical introduction to the subject's key areas, while offering original and thought-provoking comment on the field. In addition to several chapters on consumer law topics, the collection has individual chapters on commercial contracts, competition law, non-discrimination law, financial services and travel law. It also discusses the wider issues concerning EU Private Law, such as its historical evolution, the role of comparative law, language and terminology, as well as the implications of the Common Frame of Reference project. A useful 'scene-setting' introduction and further reading arranged thematically make this important publication the student's and scholar's first port of call when exploring the field.