Author:
Publisher: Editions Bréal
Total Pages: 218
Release:
Genre:
ISBN: 2749523168

Company Law and the Law of Succession

Company Law and the Law of Succession
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.

Comparative Succession Law

Comparative Succession Law
Author: Kenneth G C Reid
Publisher: Oxford University Press
Total Pages: 832
Release: 2020-10-09
Genre: Law
ISBN: 0192590723

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.

Recueil Des Cours - Collected Courses, 1992-II

Recueil Des Cours - Collected Courses, 1992-II
Author: Academie de Droit International de la Haye
Publisher: Martinus Nijhoff Publishers
Total Pages: 420
Release: 1993-07-02
Genre: Law
ISBN: 9780792324096

The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume containes: - La contribution de la Conference de La Haye au developpment du droit international prive, par A.E. VON OVERBECK, professeur emerite a l'Universite de Fribourg. - The Contribution of the Hague Conference to the Development of Private International Law in Latin America by A. BOGGIANO, Professor at the University of Buenos Aires. - The Contribution of the Hague Conference to the Development of Private International law in Common Law Countries by J.D. McCLEAN, Professor at the University of Sheffield. - The Incidental Question in Private International Law by T.S. SCHMIDT, Professor at the University of Aarhus.