Warum Erbrecht
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Warum Erbrecht
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Author : Anatol Dutta
language : de
Publisher: Mohr Siebeck
Release Date : 2014-05-13
Warum Erbrecht written by Anatol Dutta and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-13 with Law categories.
Die Arbeit behandelt aus rechtsvergleichender und interdisziplinarer Perspektive die Frage nach dem Sinn und Zweck des Erbrechts und seiner Ausgestaltung. Anlass sind Vermogensbindungsmechanismen, die es dem Einzelnen zunehmend gestatten, sein Vermogen dem Erbrecht zu entziehen: Die privatnutzige Stiftung in Deutschland, Osterreich, Liechtenstein und in einer wachsenden Zahl weiterer kontinentaler Rechtsordnungen, aber auch der dynastic trust in den Vereinigten Staaten und zahlreichen offshore-Jurisdiktionen ermoglichen es dem Vermogensinhaber, sein Vermogen generationenubergreifend eigenen Regeln - einem privaten Erbrecht - zu unterwerfen. Diese Mechanismen unterscheiden sich im Ergebnis kaum von langst uberwunden geglaubten Rechtsinstituten wie dem deutschen Familienfideikommiss oder dem entail des common law. Anatol Dutta untersucht, ob das Erbrecht (einschliesslich des Erbschaftsteuerrechts) heute noch Funktionen in Gesellschaft, Wirtschaft und Familie erfullen kann, und auf welche Weise diese Funktionen durch Grenzen einer generationenubergreifenden Vermogensbindung geschutzt werden konnen.
Family And Succession Law In Germany
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Author : Saskia Lettmaier
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-02-21
Family And Succession Law In Germany written by Saskia Lettmaier 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 2022-02-21 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.
Family Firms And Family Constitution
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Author : Holger Fleischer
language : en
Publisher: Emerald Group Publishing
Release Date : 2023-12-14
Family Firms And Family Constitution written by Holger Fleischer and has been published by Emerald Group Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-14 with Business & Economics categories.
The ebook edition of this title is Open Access and freely available to read online. Family Firms and Family Constitution delves deeply into topics as diverse as ownership, succession, governance, justice and more, all from a managerial and legal perspective from around the world.
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.
Inheritance And The Right To Bequeath
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Author : Hans-Christoph Schmidt am Busch
language : en
Publisher: Taylor & Francis
Release Date : 2022-09-21
Inheritance And The Right To Bequeath written by Hans-Christoph Schmidt am Busch and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-21 with Law categories.
In every Western democracy today, inheritances have a very profound influence on people’s lives. This motivates renewed scholarship on inheritance law by philosophy and the legal sciences. The present volume aims to contribute to some ongoing areas of inquiry while also filling some gaps in research. It is organized in a highly interdisciplinary way. In the thirteen chapters of the book, written by outstanding philosophers and legal scholars, the following questions, among others, are discussed: What is the nature of the right to bequeath? What are the social functions of bequest and inheritance? What arguments concerning justice have philosophers and legal scholars advanced in favour or against practices of bequest and inheritance? How should we think about taxing the wealth transfers that occur in bequest and inheritance? In discussing these questions, the authors break new ground and offer much needed insight into several related domains, such as the philosophy of law; legal theory; general and applied ethics; social and political philosophy; theories of justice; and the history of legal, political, and economic thought. This book will be of great interest to scholars in these areas as well as policy-makers.
Passing Wealth On Death
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Author : Alexandra Braun
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-07-28
Passing Wealth On Death written by Alexandra Braun 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.
Wealth can be transferred on death in a number of different ways, most commonly by will. Yet a person can also use a variety of other means to benefit someone on death. Examples include donationes mortis causa, joint tenancies, trusts, life-insurance contracts and nominations in pension and retirement plans. In the US, these modes of transfer are grouped under the category of 'will-substitutes' and are generally treated as testamentary dispositions. Much has been written about the effect of the use of will-substitutes in the US, but little is generally known about developments in other jurisdictions. For the first time, this collection of contributions looks at will-substitutes from a comparative perspective. It examines mechanisms that pass wealth on death across a number of common law, civil law and mixed legal jurisdictions, and explores the rationale behind their use. It analyses them from different viewpoints, including those of owners of businesses, investors, as well as creditors, family members and dependants. The aims of the volume are to show the complexity and dynamics of wealth transfers on death across jurisdictions, to identify patterns between jurisdictions, and to report the attitudes towards the different modes of transfer in light of their utility and the potential frictions they give rise to with policies and principles underpinning current laws.
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.
Postmortal Succession On The Example Of Polish Law In A Comparative Perspective
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Author : Wojciech Bańczyk
language : en
Publisher: V&R Unipress
Release Date : 2024-02-12
Postmortal Succession On The Example Of Polish Law In A Comparative Perspective written by Wojciech Bańczyk and has been published by V&R Unipress this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-12 with Law categories.
This book presents numerous instruments which create postmortal succession on the example of Polish law. Alongside the solution in inheritance law, one may apply specific inheritance (e.g. of agricultural farms) that benefits only such heirs who meet additional requirements, as well as undertake legal acts that allow to decide on heritability (or non-heritability) character of rights and duties (e.g. within the contract of mandate or company contracts). There are also numerous legislative instruments that allow for succession otherwise than by inheritance so that particular persons (and not heirs) benefit after the decedent. Such instruments include regulations of civil law but also e.g. banking law, social insurance law which are often comparable with nonprobate instruments (or willsubstitutes) under American law or German Sonderrechtsnachfolge.
Personality And Data Protection Rights On The Internet
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Author : Marion Albers
language : en
Publisher: Springer Nature
Release Date : 2022-03-12
Personality And Data Protection Rights On The Internet written by Marion Albers and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-12 with Law categories.
This book focuses on protection needs and new aspects of personality and data protection rights on the Internet, presenting a comprehensive review that discusses and compares international, European and national (Brazilian, German, Pakistani) perspectives. It deals with overarching questions, such as whether universal minimum standards of privacy protection can be developed or how regional data protection rights can be safeguarded and enforced extraterritorially, given the conditions of the Internet. Furthermore, the book addresses new challenges and novel rights, e. g., data retention and protection against mass surveillance, the right to be forgotten, rights to anonymity, legal issues of the digital estate or rights relating to algorithmic decision-making. Furthermore, the book explores how well-known paradigms, such as liability for personality rights violations or damages, have to be adapted in view of the significant role of intermediaries.
The Oxford Handbook Of Comparative Law
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Author : Mathias Reimann
language : en
Publisher: Oxford University Press
Release Date : 2019-03-26
The Oxford Handbook Of Comparative Law written by Mathias Reimann 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 2019-03-26 with Law categories.
This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.