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Clawback Law In The Context Of Succession
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Book Synopsis Clawback Law in the Context of Succession by : Jayne Holliday
Download or read book Clawback Law in the Context of Succession written by Jayne Holliday and published by Bloomsbury Publishing. This book was released on 2020-05-14 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a global solution for determining the law applicable to a claim to clawback an inter vivos gift from a third party within the context of a succession. The book aims to identify an appropriate and applicable legal framework which supports legal certainty for cross-border estate planning and protects the legitimate expectations of the relevant parties. This is an area of private international law that has yet to be handled satisfactorily – as can be seen by the inadequate treatment of clawback from third parties in the 1989 Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons, and the 2012 EU Succession Regulation.
Book Synopsis Clawback Law in the Context of Succession by : Jayne Holliday
Download or read book Clawback Law in the Context of Succession written by Jayne Holliday and published by Bloomsbury Publishing. This book was released on 2020-05-14 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a global solution for determining the law applicable to a claim to clawback an inter vivos gift from a third party within the context of a succession. The book aims to identify an appropriate and applicable legal framework which supports legal certainty for cross-border estate planning and protects the legitimate expectations of the relevant parties. This is an area of private international law that has yet to be handled satisfactorily – as can be seen by the inadequate treatment of clawback from third parties in the 1989 Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons, and the 2012 EU Succession Regulation.
Book Synopsis A Guide to Global Private International Law by : Paul Beaumont
Download or read book A Guide to Global Private International Law written by Paul Beaumont and published by Bloomsbury Publishing. This book was released on 2022-05-05 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a substantial overview of the discipline of private international law viewed from a global perspective. The guide is divided into 4 key sections. Theory Institutional and Conceptual Framework Issues Civil and Commercial Law (apart from Family Law) Family Law Each chapter is written by a leading expert(s). The chapters address specific areas/aspects of private international law and consider the existing global solutions and the possibilities of improving/creating them. Where appropriate, the chapters are co-authored by experts from different legal perspectives in order to achieve as balanced a picture as possible. The range of contributions includes authors from Europe, North America, Latin America, Africa, Asia and Oceania. An essential resource for academics, practitioners and students alike.
Book Synopsis The Characterization of Provisions Protecting Forced Heirs Against Lifetime Dispositions by : Raphael de Barros Fritz
Download or read book The Characterization of Provisions Protecting Forced Heirs Against Lifetime Dispositions written by Raphael de Barros Fritz and published by Mohr Siebeck. This book was released on 2023-07-07 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis EU Cross-Border Succession Law by : Bariatti, Stefania
Download or read book EU Cross-Border Succession Law written by Bariatti, Stefania and published by Edward Elgar Publishing. This book was released on 2022-06-10 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: With cross-border successions becoming increasingly common in the context of the European Union, this timely book offers a systematic practical analysis of how cross-border successions should be treated, including examination of which courts may establish jurisdiction over succession disputes and which law governs such disputes. Studying cross-border successions in the context of estate planning and in the opening and liquidation of a succession, it examines the specificities of the European Certificate of Succession, contextualising it within its interface with the national laws and practice of EU Member States.
Book Synopsis Parental Child Abduction to Islamic Law Countries by : Nazia Yaqub
Download or read book Parental Child Abduction to Islamic Law Countries written by Nazia Yaqub and published by Bloomsbury Publishing. This book was released on 2022-10-20 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the world becomes smaller, family law is becoming truly global, giving rise to more and more questions for private international law. This book looks at the sensitive and complex question of child abduction, with a unique children's right perspective. Taking Islamic law as its case study, it delves into child abduction in key jurisdictions from Iran to Saudi Arabia and Libya to Pakistan. Rigorous doctrinal analysis is enhanced by empirical insights, namely interviews with abductees, parents and professionals. It is an excellent guide to a complicated field.
Book Synopsis The HCCH 2019 Judgments Convention by : Matthias Weller
Download or read book The HCCH 2019 Judgments Convention written by Matthias Weller and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses, comments and further develops on the most important instrument of the Hague Conference on Private International Law (HCCH): the HCCH 2019 Judgments Convention. The HCCH Convention, the product of decades of work, will have a transformative effect on global judicial cooperation in civil matters. This book explores its 'mechanics', i.e. the legal cornerstones of the new Convention (Part I), its prospects in leading regions of the world (Part II), and offers an overview and comment on its outlook (Part III). Drawing on contributions from world-leading experts, this magisterial and ambitious work will become the reference work for law-makers, judges, lawyers and scholars in the field of private international law.
Book Synopsis Place of Performance by : Chukwuma Okoli
Download or read book Place of Performance written by Chukwuma Okoli and published by Bloomsbury Publishing. This book was released on 2020-05-28 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an unprecedented analysis on the place of performance. The central theme is that the place of performance is of considerable significance as a connecting factor in international commercial contracts. This book challenges and questions the approach of the European legislator for not explicitly giving special significance to the place of performance in determining the applicable law in the absence of choice for commercial contracts. It also contains, inter alia, an analogy to matters of foreign country mandatory rules, and the coherence between jurisdiction and choice of law. It concludes by proposing a revised Article 4 of Rome I Regulation, which could be used as an international solution by legislators, judges, arbitrators and other stakeholders who wish to reform their choice of law rules.
Book Synopsis Jurisdiction Over Non-EU Defendants by : Tobias Lutzi
Download or read book Jurisdiction Over Non-EU Defendants written by Tobias Lutzi and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the question of extending the reach of the Brussels Ia Regulation to defendants not domiciled in an EU Member State. The Regulation, the centrepiece of the EU framework on civil procedure, is widely recognised as one of the most successful legal instruments on judicial cooperation. To provide a basis for the discussion of its possible extension, this volume takes a closer look at the national rules that currently govern the question of jurisdiction over non-EU defendants in each Member State through 17 national reports. The insights gained from them are summarised in a comparative report and critically discussed in further contributions, which look at the question both from a European and from a wider global perspective. Private international lawyers will be keen to read the findings and conclusions, which will also be of interest to practitioners and policy makers.
Book Synopsis Planning the Future of Cross Border Families by : Ilaria Viarengo
Download or read book Planning the Future of Cross Border Families written by Ilaria Viarengo and published by Bloomsbury Publishing. This book was released on 2020-10-15 with total page 976 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is built upon the outcomes of the EUFam's Project, financially supported by the EU Civil Justice Programme and led by the University of Milan. Also involved are the Universities of Heidelberg, Osijek, Valencia and Verona, the MPI in Luxembourg, the Italian and Spanish Family Lawyers Associations and training academies for judges in Italy and Croatia. The book seeks to offer an exhaustive overview of the regulatory framework of private international law in family and succession matters. The book addresses current features of the Brussels IIa, Rome III, Maintenance and Succession Regulations, the 2007 Hague Protocol, the 2007 Hague Recovery Convention and new Regulations on Property Regimes. The contributions are authored by more than 30 experts in cross-border family and succession matters. They introduce social and cultural issues of cross-border families, set up the scope of all EU family and succession regulations, examine rules on jurisdiction, applicable law and recognition and enforcement regimes and focus on the current problems of EU family and succession law (lis pendens in third States, forum necessitatis, Brexit and interactions with other legal instruments). The book also contains national reports from 6 Member States and annexes of interest for both legal scholars and practitioners (policy guidelines, model clauses and protocols).
Author :Great Britain: Parliament: House of Lords: European Union Committee Publisher :The Stationery Office ISBN 13 :9780108459757 Total Pages :144 pages Book Rating :4.4/5 (597 download)
Book Synopsis The EU's regulation on succession by : Great Britain: Parliament: House of Lords: European Union Committee
Download or read book The EU's regulation on succession written by Great Britain: Parliament: House of Lords: European Union Committee and published by The Stationery Office. This book was released on 2010-03-24 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the sixth report from the European Union Committee of the 2009-10 session and looks at the EU's Regulation on Succession (HLP 75, ISBN 9780108459757). In October 2009 the EU Commission proposed legislation which aims to simplify the law affecting those who die having exercised their right to free movement, either by moving to another Member State to live or by buying property in a Member State other than their own. The law of succession regulates how a person's property is dealt with on their death - including the mechanism for paying taxes and other creditors, establishing who is entitled to inherit the deceased's property and how that property is to be transferred to those entitled to it. Where this involves the law of more than one Member State complications arise which can have a significant impact since the people affected are likely to be emotionally vulnerable because of bereavement. The Committee states it welcomes the fact that the Commission has not proposed harmonisation of the substantive law of succession and support the Commission's underlying, and more limited, objective of prescribing which state's law ofsuccession is to apply to the whole of a deceased person's estate; but only to the extent of determining who is entitled to inherit what property. The Committee believes to go further puts at risk important interests, not least property rights, the collection of taxes and the protection of creditors. The Committee also identifies a serious defect in the EU's proposal that it could result in gifts made in the UK by deceased persons during their lifetime, including gifts to charity, being claimed back by their heirs, under a process known as clawback.
Book Synopsis Yearbook of Private International Law by : Andrea Bonomi
Download or read book Yearbook of Private International Law written by Andrea Bonomi and published by sellier. european law publ.. This book was released on 2009-04-17 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a very special volume of the Yearbook of Private International Law as it represents the celebration of the tenth anniversary of its first publication. It continues to provide interesting information on the future evolution in private international law. Contents includes: The New Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments of 30 October 2007 . Commercial Agents under European Jurisdiction Rules . Grunkin-Paul and Beyond - A Seminal Case in the Field of International Family Law . The New Rome I / Rome II / Brussels I-Synergy . Rome I and Contracts on Intellectual Property . Rome I and Distribution Contracts . Rome I and Franchise Contracts . Rome I and Financial Market Contracts . Special Section on Maintenance Obligations.
Author :Great Britain: Parliament: House of Lords: European Union Committee Publisher :The Stationery Office ISBN 13 :9780108459252 Total Pages :378 pages Book Rating :4.4/5 (592 download)
Book Synopsis Correspondence with Ministers by : Great Britain: Parliament: House of Lords: European Union Committee
Download or read book Correspondence with Ministers written by Great Britain: Parliament: House of Lords: European Union Committee and published by The Stationery Office. This book was released on 2010-01-20 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Correspondence with Ministers : November 2007 to April 2008, 2nd report of Session 2009-10
Download or read book 2011 written by Andrea Bonomi and published by Walter de Gruyter. This book was released on 2012-07-30 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current volume of the "Yearbook of Private International Law" includes three special sections: The first one is devoted to the recent European developments in the area of family law like the proposal on the matrimonial property régimes in its relation with other EU instruments, such as Brussels IIbis or Rome III. Another special section deals with the very hotly debated question of the treatment of and access to foreign law. The third one presents some recent reforms of national Private International Law systems. National reports and court decisions complete the book. Recent highlights include: - multiple nationalities in EU Private International Law - the European Court of Human Rights and Private International Law - parallel litigation in Europe and the US - arbitration and the powers of English courts - conflict of laws in emission trading - res judicata effects of arbitral awards
Book Synopsis Private International Law by : P. R. Beaumont
Download or read book Private International Law written by P. R. Beaumont and published by . This book was released on 2011 with total page 1263 pages. Available in PDF, EPUB and Kindle. Book excerpt: In analysing European and global instruments the authors present a critique of the impact of the Hague Conference on Private International Law and European law in general on Scots law. In particular they look at choice of court, protection of adults, protection of children, conventions on maintenance and inter-country adoption.
Book Synopsis The International Trust by : John Glasson
Download or read book The International Trust written by John Glasson and published by Jordan Publishing (GB). This book was released on 2002 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: The expression "international trust" has no settled definition, although it is in common use. Generally, the term is applied to a trust that has legal significance with two or more countries. Until the 1960s international trusts were rarely encountered; they are now commonplace. This is partly due to the increased mobility of people and property, but mostly because of the growth of the offshore trust industry. Distilling the knowledge and breadth of experience from a distinguished collection of individual contributors, The International Trust deals with a variety of highly topical and significant issues. These range from international recognition of trusts to protectors and forced heirship, as well as an examination of the particular difficulties that arise in the context of civil law jurisdictions. This book is adapted from, and revises material on, many of the topics covered by the loose-leaf encyclopedia International Trust Laws. For example, chapters dealing with topics of day-by-day practical importance to the practitioner in the international trust field and chapters dealing with trusts from the perspective of Italy and Switzerland are updated and reproduced here in convenient cloth format. In addition the book includes an editor's introduction, providing an overview of the field, and a previously unpublished chapter by Professor Donovan Waters on the future of the trust from a global perspective, reflecting the most cutting-edge thinking.
Book Synopsis Equitable Compensation and Disgorgement of Profit by : Simone Degeling
Download or read book Equitable Compensation and Disgorgement of Profit written by Simone Degeling and published by Bloomsbury Publishing. This book was released on 2017-04-06 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays interrogates significant issues at the forefront of scholarship and legal practice in the field of money remedies in equity. Chapters address the contentious and developing field of equitable compensation, including: the nature of equitable compensation; the relevant causation inquiry for equitable compensation; whether notions of contribution apply to multiple agents; accessorial liability; the role of discretion in limiting equitable compensation; which wrongs yield equitable compensation; and the extent to which compensation in equity differs from money remedies at common law. Other chapters examine the remedy of disgorgement of profit, and specifically the theoretical basis of that remedy, its application in the context of fiduciary obligations, and third-party issues. A number of chapters also examine the interrelationship between loss- and gain-based money relief. In addressing these issues the book includes both doctrinal and theoretical perspectives, and brings together leading equity scholars and judges from across the common law world.
