Family And Succession Law In Germany

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Family and Succession Law in Germany

Author : Dieter Schwab
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041187693
Total Pages : 119 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Family and Succession Law in Germany by : Dieter Schwab

Download or read book Family and Succession Law in Germany written by Dieter Schwab and published by Kluwer Law International B.V.. This book was released on 2017-02-24 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 and Succession Law in Germany

Author : Saskia Lettmaier
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403542535
Total Pages : 322 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Family and Succession Law in Germany by : Saskia Lettmaier

Download or read book Family and Succession Law in Germany written by Saskia Lettmaier and published by Kluwer Law International B.V.. This book was released on 2022-02-21 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Germany

Author : Dieter Schwab
Publisher :
ISBN 13 : 9789065448880
Total Pages : pages
Book Rating : 4.4/5 (488 download)

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Book Synopsis Germany by : Dieter Schwab

Download or read book Germany written by Dieter Schwab and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Comparative Succession Law

Author : Kenneth G C Reid
Publisher : Oxford University Press
ISBN 13 : 0192590723
Total Pages : 832 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Comparative Succession Law by : Kenneth G C Reid

Download or read book Comparative Succession Law written by Kenneth G C Reid and published by Oxford University Press. This book was released on 2020-10-09 with total page 832 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Law of Succession

Author : Miriam Anderson
Publisher : Editorial CSIC - CSIC Press
ISBN 13 : 9789089520876
Total Pages : 366 pages
Book Rating : 4.5/5 (28 download)

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Book Synopsis The Law of Succession by : Miriam Anderson

Download or read book The Law of Succession written by Miriam Anderson and published by Editorial CSIC - CSIC Press. This book was released on 2011 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Interaction Between Family Law, Succession Law and Private International Law

Author : Jens Scherpe
Publisher : European Family Law
ISBN 13 : 9781780689845
Total Pages : 242 pages
Book Rating : 4.6/5 (898 download)

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Book Synopsis The Interaction Between Family Law, Succession Law and Private International Law by : Jens Scherpe

Download or read book The Interaction Between Family Law, Succession Law and Private International Law written by Jens Scherpe and published by European Family Law. This book was released on 2021-01-04 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Inheritance Law - Challenges and Reform

Author : Torstein Frantzen
Publisher : BWV Verlag
ISBN 13 : 3830531745
Total Pages : 109 pages
Book Rating : 4.8/5 (35 download)

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Book Synopsis Inheritance Law - Challenges and Reform by : Torstein Frantzen

Download or read book Inheritance Law - Challenges and Reform written by Torstein Frantzen and published by BWV Verlag. This book was released on 2013-01-01 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hauptbeschreibung In 2011 the Norwegian government appointed a Committee to prepare a proposal for a new inheritance act to replace the inheritance act of 1972. A German-Norwegian seminar on inheritance law took place in Bergen 2012 with a special attention to the ongoing reform of Norwegian inheritance law. The topics of the seminar were the protection of children and the surviving partner - both spouse and cohabitant. The seminar included presentations from scholars from both countries, each presented from a Norwegian and a German perspective. Several lectures also include a.

Iranian Family and Succession Laws and Their Application in German Courts

Author : Jürgen Basedow
Publisher :
ISBN 13 : 9783161484308
Total Pages : 183 pages
Book Rating : 4.4/5 (843 download)

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Book Synopsis Iranian Family and Succession Laws and Their Application in German Courts by : Jürgen Basedow

Download or read book Iranian Family and Succession Laws and Their Application in German Courts written by Jürgen Basedow and published by . This book was released on 2004 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Iranian legal system is not well known in the West and many clichés persist, clichés and prejudices that have increased since the "clash of civilizations" has been conjured up. A fresh encounter and an open dialogue between Islamic and Western professionals are badly needed and are offered in this book. Iran's family law has not been static in recent years: the dower has been adapted to the inflation rate; a compensatory claim for repudiated women as well as the concept of best interest of the child in custody law has been introduced. Today Islamic scholars are questioning the unilateral right of the husband to repudiate his wife and the unequal inheritance shares for men and women. Furthermore questions on the recognition and enforcement of foreign judgments are raised and a list of suggestions offered to foster the co-operation between Iran and Germany.Contributors:Jürgen Basedow, Dagmar Coester-Waltjen, Mathias Rohe, Nadjma Yassari, Seyyed Mostafa Mohaqeq Damad, Hossein Safa’i, Hassan Hamidian, Hossein Mehrpour, Reza Valavioun, Mansour Pournouri, Wolfgang Wurmnest

Introduction to German Law

Author : Mathias Reimann
Publisher :
ISBN 13 : 9789041122612
Total Pages : 0 pages
Book Rating : 4.1/5 (226 download)

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Book Synopsis Introduction to German Law by : Mathias Reimann

Download or read book Introduction to German Law written by Mathias Reimann and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is nearly ten years since the appearance of the successful first edition of this convenient English-language introduction to the law of Germany. This new edition covers all the significant changes and innovations that have occurred during that period, encompassing the pervasive impacts of European law and of globalisation, the major recent reform of the German Civil Code, and the greatly increased activity of the German legislature in every area. With fifteen lucid chapters written by academic expects in their respective fields of law, as well as detailed bibliographies, this is the ideal starting point for research whenever a question of German law must be answered. The authors clearly explain the legal concepts, customs, and rules arising from such basic elements as the following: characteristic problems of Germany legal unity; principles and practices of constitutional law; administrative law and procedure; the German Commercial Code; formation and conduct of corporations and partnerships; contracts; tort liability; property rights; family law; succession and inheritance; labor and employment; issues of private international law; courts and civil procedure; the penal code and criminal procedure. Introduction to German Law, Second Edition provides an authoritative description of all issues likely to emerge in the course of normal application of German law in any context.

Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses

Author : Katharina Boele-Woelki
Publisher : Intersentia nv
ISBN 13 : 905095426X
Total Pages : 182 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses by : Katharina Boele-Woelki

Download or read book Principles of European Family Law Regarding Divorce and Maintenance Between Former Spouses written by Katharina Boele-Woelki and published by Intersentia nv. This book was released on 2004 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: A book series dedicated to the harmonisation and unification of family and succession law in Europe. The European Family Law series includes comparative legal studies and materials as well as studies on the effects of international and European Law making within the national legal systems in Europe. The books are published in English, French or German under the auspices of the Organising Committee of the Commission on European Family Law (CEFL). Three years after its establishment the CEFL presents its first Principles of European Family Law in the field of divorce and maintenance between former spouses. The Principles aim to bestow the most suitable means for the harmonisation of family laws in Europe. In this respect they may serve as a frame of reference for national, European and international legislatures alike. The Principles could considerably facilitate their task not only by virtue of the fact that the CEFL's in-depth and comprehensive comparative research is easily accessible but also because most of the rules have been drafted in a way which Legislatures normally consider to be appropriate. Book jacket.

Family and Succession Law in Denmark

Author : Hans Viggo Godsk Pedersen
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403529512
Total Pages : 282 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Family and Succession Law in Denmark by : Hans Viggo Godsk Pedersen

Download or read book Family and Succession Law in Denmark written by Hans Viggo Godsk Pedersen and published by Kluwer Law International B.V.. This book was released on 2021-02-22 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Denmark 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 Denmark. 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.

Passing Wealth on Death

Author : Alexandra Braun
Publisher : Bloomsbury Publishing
ISBN 13 : 1509907351
Total Pages : 403 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Passing Wealth on Death by : Alexandra Braun

Download or read book Passing Wealth on Death written by Alexandra Braun and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Company Law and the Law of Succession

Author : Susanne Kalss
Publisher : Springer
ISBN 13 : 3319180118
Total Pages : 411 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Company Law and the Law of Succession by : Susanne Kalss

Download or read book Company Law and the Law of Succession written by Susanne Kalss and published by Springer. This book was released on 2015-10-21 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Normativity and Diversity in Family Law

Author : Nadjma Yassari
Publisher : Springer Nature
ISBN 13 : 303083106X
Total Pages : 375 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Normativity and Diversity in Family Law by : Nadjma Yassari

Download or read book Normativity and Diversity in Family Law written by Nadjma Yassari and published by Springer Nature. This book was released on 2021-11-21 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Nordic Inheritance Law through the Ages

Author :
Publisher : BRILL
ISBN 13 : 9004435581
Total Pages : 430 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Nordic Inheritance Law through the Ages by :

Download or read book Nordic Inheritance Law through the Ages written by and published by BRILL. This book was released on 2020-07-13 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: The articles in Nordic Inheritance Law through the Ages – Spaces of Action and Legal Strategies explore the significance of inheritance law through the use of topical and in-depth studies that bring life to historical and contemporary Nordic inheritance law practices.

International Succession

Author : Louis Garb
Publisher : Oxford University Press, USA
ISBN 13 : 0199550271
Total Pages : 841 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis International Succession by : Louis Garb

Download or read book International Succession written by Louis Garb and published by Oxford University Press, USA. This book was released on 2010 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasing numbers of people have connections with one country, but live and work in another, frequently owning property or investments in several countries. As such, international aspects arise in an increasing number of estates. Different countries may have separate arrangements for ownership, taxation, and succession. International Succession equips practitioners with the information necessary to navigate problems involving these different systems. Although lawyers would often advise only on the law of the jurisdictions in which they are based, seeking advice from lawyers in other countries, this book will save the practitioner the time - and expense - of ascertaining the basics concerning the inheritance systems in different countries, offering clear and easy to use information on the laws of inheritance and succession. Each country's report is based on responses to a comprehensive questionnaire that considers the practical issues arising from the jurisdiction's individual laws, making it easy for users to make specific comparisons between the laws of one country and another. The book covers over fifty countries with entries written by experts from each country, making it an invaluable resource for the busy practitioner. This title is an improved and expanded version of International Succession, edited by Louis Garb and published by Kluwer Law International, 2004. This edition, published in hardback form, will also be supplemented annually in between editions to update the individual country entries.

The Interaction Between Family Law, Succession Law and Private International Law

Author : Jens M. Scherpe
Publisher :
ISBN 13 : 9781839701283
Total Pages : 240 pages
Book Rating : 4.7/5 (12 download)

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Book Synopsis The Interaction Between Family Law, Succession Law and Private International Law by : Jens M. Scherpe

Download or read book The Interaction Between Family Law, Succession Law and Private International Law written by Jens M. Scherpe and published by . This book was released on 2021 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: There can be no doubt that both substantive family and succession law engage in significant interaction with private international law, and, in particular, the European Union instruments in the field. While it is to be expected that substantive law heavily influences private international law instruments, it is increasingly evident that this influence can also be exerted in the reverse direction. Given that the European Union has no legislative competence in the fields of family and succession law beyond cross-border issues, this influence is indirect and, as a consequence of this indirect nature, difficult to trace. 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. It is essential that the choices for and within certain European instruments are made consciously and knowingly. This book therefore aims to raise awareness that these reciprocal influences exist, to stimulate academic debate and to facilitate a more open debate between European institutions and national stakeholders. With contributions by Elena Bargelli (University of Pisa, Italy), Anne Barlow (University of Exeter, England, United Kingdom), Elena D'Alessandro (University of Turin, Italy), Elise Goossens (KU Leuven; Vrije Universiteit Brussel; University of Antwerp, Belgium), Nigel Lowe (Cardiff University, Wales, United Kingdom), Robert Magnus (University of Bayreuth, Germany), Maire Ni Shuilleabhain (University College Dublin, Ireland), Walter Pintens (KU Leuven, Belgium; Saarland University, Germany), Pablo Quinza Redondo (University of Valencia, Spain), Lukas Rass-Masson (University of Toulouse, France), Anne Sanders (University of Bielefeld, Germany), Jens M. Scherpe (University of Cambridge, England, United Kingdom; University of Hong Kong; University of Aalborg, Denmark; University of the Western Cape, South Africa), Wendy Schrama (Utrecht University, The Netherlands), Denise Wiedemann (Max Planck Institute for Comparative and International Private Law, Hamburg, Germany).