Protection Of Reliance In Succession Law
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Claiming A Promised Inheritance
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Author : Alexandra Braun
language : en
Publisher: Oxford University Press
Release Date : 2022-08-11
Claiming A Promised Inheritance written by Alexandra Braun 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 2022-08-11 with Law categories.
Claiming a Promised Inheritance examines those cases where a person is promised a future inheritance and, having acted on it, later discovers that the promise is unfulfilled. The book structures its analysis and argument around the stories of disappointed promisees and their unfulfilled expectations of a future inheritance, and how they might seek redress. It maps and compares the various, and often very diverse range of legal responses that a promisee can avail herself of across different legal areas of the law (ranging from contract law to property law, employment law, unjust and unjustified enrichment law, and succession law) and in both common and civil law traditions. Braun asks how these responses protect the interests of promisees and whether they are sensitive to the context in which such promises are expressed. In doing so, the focus rests on the level of protection the various forms of redress grant, their scope, and the challenges promisees face when brining a claim, but also on the values and interests that are at stake when granting relief. This book argues that due to the social and legal context within which promises of a future inheritance are normally made, promisees are usually in a vulnerable position that can easily by exploited. It further argues that the law is usually more acutely attuned to the risks that the promisor incurs and that greater attention should be paid to the challenges promisees face. Claiming a Promised Inheritance thus complements the traditional viewpoint by bringing into focus the (too often ignored) perspective of promisees.
Current Issues In Succession Law
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Author : Birke Häcker
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-07-28
Current Issues In Succession Law written by Birke Häcker and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-28 with Law categories.
While continental and comparative lawyers have recently rediscovered succession law as an area of immense practical importance deserving greater academic attention, it is still a neglected field in England. This book aims to reinvigorate the English debate. It brings together contributions by leading academics and practitioners engaging with topical issues as well as questions of fundamental importance in succession law and estate planning. The book will be of interest to both academics and practitioners working in the field, and to non-English comparative lawyers.
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.
Company Law And The Law Of Succession
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Author : Susanne Kalss
language : en
Publisher: Springer
Release Date : 2015-10-21
Company Law And The Law Of Succession written by Susanne Kalss and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-21 with Law categories.
This book is one of the first to link company law to the law of succession by concentrating on family businesses. It shows that, to understand the legal framework underlying the daily operations of family businesses, one needs legal analysis, empirical data, psychological and sociological knowledge. The book works on the premise that, since many businesses have been founded by families, practitioners need to develop an understanding of the legal background of such businesses and build up experience to be able to create contracts, trusts, foundations and other legal mechanisms to give shape to systems and procedures for the transfer of shares and control within the family. Comparing the national legal order, techniques, and mechanisms in a range of countries, the book examines parallel developments in these fields of law across the world. Finally, it demonstrates the room for companies, shareholders and the members of a family to develop individual solutions within the legal framework for transferring businesses and shares to the next generation.
Selected Cases From The Supreme People S Court Of The People S Republic Of China
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Author : Law Press China for
language : en
Publisher: Springer Nature
Release Date : 2019-11-08
Selected Cases From The Supreme People S Court Of The People S Republic Of China written by Law Press China for and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-08 with Law categories.
This volume includes guiding cases of the Supreme People’s Court, cases deliberated on by the Judicial Council/Committee of the Supreme People’s Court, and cases discussed at the Joint Meetings of Presiding Judges from the various tribunals. This book is divided into four sections, including Cases by Justices, Selected Judicial Opinion(s), “Hot Cases” and “Typical Cases”, which will introduce readers to Chinese legal processes, legal methodologies and ideology in an intuitive, clear, and accurate manner.This volume presents cases selected by the trial departments of the Supreme People’s Court of China from their concluded cases. In order to give full weight to the legal value and social functions of cases from the Supreme People’s Court, and to achieve the goal of “serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving international legal exchanges among Chinese and foreign legal communities and serving the rule of law in China”, the China Institute of Applied Jurisprudence, with the approval of the Supreme People’s Court, opted to publish “Selected Cases from the Supreme People’s Court of the People’s Republic of China” in both Chinese and English, for domestic and overseas distribution.
Family And Succession Law In Germany
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Author : Dieter Schwab
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-02-24
Family And Succession Law In Germany written by Dieter Schwab 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 2017-02-24 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 Germany 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 Germany. 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.
The Change Of Position Defence
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Author : Elise Bant
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-05-27
The Change Of Position Defence written by Elise Bant and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-27 with Law categories.
This book defines and explains the operation of the defence of change of position in Anglo-Australian law. It is a widely accepted view that the defence is a modern development, the first express recognition of which can be traced in England to the seminal decision of the House of Lords in Lipkin Gorman (a firm) v Karpnale Ltd. Commentators have accordingly tended to focus on post-Lipkin case law in discussing the defence and its many disputed features. This work takes a different stance, arguing that the defence is best understood by placing it within its broader historical and legal context. It explains that the foundations of the defence can be found in the related doctrines of estoppel by representation, the agent's defence of payment over and the law of rescission. The analysis applies crucial insights from those areas, together with the change of position authorities and broader considerations of policy and principle, to develop a rigorous model of the change of position defence. The work not only provides a clear and exhaustive examination of the defence, but demonstrates that, properly understood, the defence operates in a rational and justifiable manner within its broader private law context. In so doing, its analysis meets the oft-expressed concern than the defence may operate in an unprincipled way or by reference to 'that vague jurisprudence which is sometimes attractively styled "justice as between man and man"'.
The Law Of Proprietary Estoppel
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Author : Ben McFarlane
language : en
Publisher: OUP Oxford
Release Date : 2014-01
The Law Of Proprietary Estoppel written by Ben McFarlane and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01 with Law categories.
This invaluable guide is the first comprehensive and practically structured resource on the doctrine of proprietary estoppel. It is presented in a user-friendly format to provide assistance in navigating complex case law on the doctrine.
Human Rights In Private Law
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Author : Dan Friedmann
language : en
Publisher: Bloomsbury Publishing
Release Date : 2002-03-12
Human Rights In Private Law written by Dan Friedmann and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-03-12 with Law categories.
Traditionally,the theory of human rights limited its application to the public domain, namely the relationships between individuals and public authorities. The great expansion of human rights legislation and concepts in modern national and international law has given rise to a major issue relating to their potential impact on private relationships. This book examines this important topic, which may revolutionize private law. It presents new approaches which strive to broaden the application of human rights to the private field on the ground that power can be abused and human rights can be infringed even when all parties are private. The subject is examined from theoretical and comparative perspectives by leading scholars representing a diversity of legal systems - the United States, Canada, England, South Africa, Germany and Israel. Among the contributors are Professor Todd Rakoff (Harvard), Professor Roger Brownsword (Sheffield), Professor Hugh Beale (Warwick) and Professor Ewan McKendrick (Oxford), Professor Ernest Weinrib and Professor Lorraine Weinrib (Toronto), Professor Christian Starck (Gottingen), Professor Andreas Heldrich (Munich) and others.
Sir Edward Coke And The Reformation Of The Laws
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Author : David Chan Smith
language : en
Publisher: Cambridge University Press
Release Date : 2014-11-06
Sir Edward Coke And The Reformation Of The Laws written by David Chan Smith 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 2014-11-06 with History categories.
This study of Edward Coke's legal thought reinterprets the political and legal thought of early Stuart England.