Family And Succession Law In South Africa


Family And Succession Law In South Africa
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Family And Succession Law In South Africa


Family And Succession Law In South Africa
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Author : Jacqueline Heaton
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-11-20

Family And Succession Law In South Africa written by Jacqueline Heaton and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-20 with Law categories.


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 South Africa 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 South Africa. 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.



Comparative Succession Law


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.



Widowhood Inheritance Laws Customs Practices In Southern Africa


Widowhood Inheritance Laws Customs Practices In Southern Africa
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Author : Welshman Ncube
language : en
Publisher: African Books Collective
Release Date : 1995

Widowhood Inheritance Laws Customs Practices In Southern Africa written by Welshman Ncube and has been published by African Books Collective this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.


Contents.



Comparative Succession Law


Comparative Succession Law
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Author : Kenneth Reid
language : en
Publisher: OUP Oxford
Release Date : 2015-08-27

Comparative Succession Law written by Kenneth Reid and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-27 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.



The South African Law Of Property Family Relations And Succession


The South African Law Of Property Family Relations And Succession
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Author : Robert Warden Lee
language : en
Publisher:
Release Date : 1954

The South African Law Of Property Family Relations And Succession written by Robert Warden Lee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1954 with Domestic relations categories.




Working Papers On Inheritance Law In Southern Africa


Working Papers On Inheritance Law In Southern Africa
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Author :
language : en
Publisher:
Release Date : 1992

Working Papers On Inheritance Law In Southern Africa written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Inheritance and succession categories.




Customary Law


Customary Law
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Author : South African Law Commission
language : en
Publisher:
Release Date : 2000

Customary Law written by South African Law Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Customary law categories.




The South African Law Of Succession


The South African Law Of Succession
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Author : H. J. Erasmus
language : en
Publisher: MICHIE
Release Date : 1989

The South African Law Of Succession written by H. J. Erasmus and has been published by MICHIE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Law categories.




Intestate Succession


Intestate Succession
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Author : Kenneth Reid
language : en
Publisher: Oxford University Press, USA
Release Date : 2015

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


Exploring the rules that apply when a person dies without leaving a valid will, 'Intestate Succession' delivers a comparative and historical review of the relevant law in Europe and beyond, including an analysis of legal development, justifications, and reform.



Family And Succession Law In England And Wales


Family And Succession Law In England And Wales
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Author : Rebecca Probert
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2024-01-18

Family And Succession Law In England And Wales written by Rebecca Probert and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-18 with Law categories.


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 England and Wales 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 England and Wales. 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.