Family And Succession Law In Germany
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| Author | : Dieter Schwab |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 124 |
| Release | : 2017-02-24 |
| Genre | : Law |
| ISBN | : 9041187693 |
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.
| Author | : Saskia Lettmaier |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 322 |
| Release | : 2022-02-21 |
| Genre | : Law |
| ISBN | : 9403542535 |
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.
| Author | : Jens Scherpe |
| Publisher | : European Family Law |
| Total Pages | : 242 |
| Release | : 2021-01-04 |
| Genre | : |
| ISBN | : 9781780689845 |
This book brings together a range of views on the reciprocal influences of substantive and private international law in the fields of family and succession law. It outlines some key elements of this interplay in selected jurisdictions and provides a basis for discussion and future work on the reciprocal influences of domestic and European law.
| Author | : Kenneth G C Reid |
| Publisher | : Oxford University Press |
| Total Pages | : 832 |
| Release | : 2020-10-09 |
| Genre | : Law |
| ISBN | : 0192590731 |
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.
| Author | : Miriam Anderson |
| Publisher | : Editorial CSIC - CSIC Press |
| Total Pages | : 366 |
| Release | : 2011 |
| Genre | : Law |
| ISBN | : 9789089520876 |
Preface Contents Abbreviations i Authors i part i Harmonization of Succession Law in Europe: The Current Debate chapter 1 Need and Opportunity of Convergence in European Succession Laws Walter Pintens chapter 2 Testamentary Freedom or Forced Heirship? Balancing Party Autonomy and the Protection of Family Members Andrea Bonomi part ii New Trends in Catalan Succession Law chapter 3 Between Tradition and Modernisation: A General Overview of the Catalan Succession Law Reform Esther Arroyo Amayuelas - Miriam Anderson chapter 4 Testamentary Freedom and Its Limits Esteve Bosch Capdevila chapter 5 Freedom of Testation, Compulsory Share and Disinheritance Based on Lack of Family Relationship Antoni Vaquer Aloy chapter 6 Freedom of Testation Versus Freedom to Enter Into Succession Agreements and Transaction Costs Susana Navas Navarro part iii National Perspectives on the Law of Succession in the 21st Century chapter 7 Freedom of Testation in England and Wales Roger Kerridge chapter 8 Law of Succession and Testamentary Freedom in Germany A. Röthel chapter 9 The Law of Succession in Hungary Zoltán Csehi chapter 10 Freedom of Testation in Italy Andrea Fusaro chapter 11 Acquisition of Property by Succession in Dutch Law. Tradition between Autonomy and Solidarity in a Changing Society J. Michael Milo chapter 12 The Norwegian Approach to Forced Share, the Surviving Spouse's Position and Irrevocable Wills Peter Hambro chapter 13 Restraints on Freedom of Testation in Scottish Succession Law Eric Clive chapter 14 Freedom of Testation in Slovenia Suzana Kraljić chapter 15 Freedom of Testation, Legal Inheritance Rights and Public Order under Spanish Law Sergio Cámara Lapuente.
| Author | : Susanne Kalss |
| Publisher | : Springer |
| Total Pages | : 409 |
| Release | : 2015-10-21 |
| Genre | : Law |
| ISBN | : 3319180118 |
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.
| Author | : Katharina Boele-Woelki |
| Publisher | : European Family Law |
| Total Pages | : 0 |
| Release | : 2019 |
| Genre | : Common law marriage |
| ISBN | : 9781780687889 |
The CEFL has developed a comprehensive and original set of rules which may be a source of inspiration for legislating the rights and duties of couples who have not formalised their relationship. In their provisions on specific issues, the Principles opt for workable solutions which aim to avoid unnecessary hardship and disputes.
| Author | : Alexandra Braun |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 403 |
| Release | : 2016-07-28 |
| Genre | : Law |
| ISBN | : 1509907351 |
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.
| Author | : |
| Publisher | : BRILL |
| Total Pages | : 430 |
| Release | : 2020-07-13 |
| Genre | : Law |
| ISBN | : 9004435581 |
Nordic Inheritance Law through the Ages – Spaces of Action and Legal Strategies explores the significance of inheritance law from medieval times to the present through topical and in-depth studies that bring life to historical and contemporary inheritance practices. The contributions cover three themes: status of persons and options in the process of property devolution; wills, gift-giving and legal disputes as means to shape the working of the law; processes of inheritance legislation. The authors focus on instances where legal strategies of various actors particularly reveal inheritance law as a contested and yet constrained space of action, and somewhat surprisingly show similar solutions to family law issues dealt with in other Western European countries. Contributors are: Simone Abram, Gitte Meldgaard Abrahamsen, Per Andersen, Agnes S. Arnórsdóttir, John Asland, Knut Dørum, Thomas Eeg, Ian Peter Grohse, Marianne Holdgaard, Astrid Mellem Johnsen, Már Jónsson, Mia Korpiola, Gabriela Bjarne Larsson, Auður Magnúsdóttir, Bodil Selmer, Helle I. M. Sigh, and Miriam Tveit.
| Author | : Nadjma Yassari |
| Publisher | : Springer Nature |
| Total Pages | : 375 |
| Release | : 2021-11-21 |
| Genre | : Law |
| ISBN | : 303083106X |
With regard to family law, this volume examines claims based on cultural tradition, ethnic background, custom, religious affiliation and sexual orientation, as well as various other “claims” that are not officially recognized in state law, in 15 jurisdictions around the world. The country reports seek to determine whether these claims represent a challenge to family law as conceived by the state, and if so, how these challenges are being managed. The focus lies on the interaction between (i) claims and traditions raising minority-related and diversity-related issues and (ii) the state as the addressee of these demands for accommodation. The reports identify specific instances and situations that have proven (and in many cases still are) particularly difficult to resolve. They force decision-makers to engage in a delicate balancing act between different, often clashing interests.
