COMPARATIVE SUCCESSION LAW V01

1. Auflage 2011
ISBN: 978-0-19-969680-2
Verlag: OXFORD UNIV PR

Buch, Englisch, 524 Seiten, Format (B × H): 164 mm x 235 mm, Gewicht: 940 g

Launching a major new research project examining the principles of succession law in comparative perspective, this book discusses the formalities which the law imposes in order for a person to make a testamentary disposal of property. Among the questions considered are the following. How are wills made? What precisely are the rules - as to the signature of the testator, the use of witnesses, the need for a notary public or lawyer, and so on? Is there is a choice of
will-type and, if so, which type is used most often and what are the advantages and disadvantages of each? How common is will-making or do most people die intestate? What happens if formalities are not observed? How can requirements of form be explained and justified? How did the law develop
historically, what is the state of the law today, and what are the prospects for the future?

The focus is on Europe, and on countries which have been influenced by the European experience. Thus in addition to giving a detailed treatment of the law in Austria, Belgium, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Poland, and Spain, the book explores legal developments in Australia, New Zealand, the United States of America, and in some of the countries of Latin America with a particular emphasis on Brazil. It also includes chapters on two of the mixed
jurisdictions - Scotland and South Africa - and on Islamic Law. The book opens with chapters on Roman law and on the early modern law in Europe, thus setting the historical scene as well as anticipating and complementing the accounts of national history which appear in subsequent chapters; and it concludes with
an assessment of the overall development of the law in the countries surveyed, and with some wider reflections on the nature and purpose of testamentary formalities.

Zielgruppe

Academics, practitioners, and advanced students studying the laws of succession

Autoren/Hrsg.

Reid, Kenneth G C

de Waal, Marius J

Zimmermann, Reinhard

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Mittel-/Südamerika
• Rechtswissenschaften Bürgerliches Recht Erbrecht
• Geisteswissenschaften Islam & Islamische Studien Islamisches Recht
• Rechtswissenschaften Ausländisches Recht Islamisches Recht
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung
• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

Introduction
1: Thomas Rüfner: Testamentary Formalities in Roman Law
2: Nils Jansen: Testamentary Formalities in Early Modern Europe
3: Walter Pintens: Testamentary Formalities in France and Belgium
4: Sergio Cámara Lapuente: Testamentary Formalities in Spain
5: Jan Peter Schmidt: Testamentary Formalities in Latin America with particular reference to Brazil
6: Alexandra Braun: Testamentary Formalities in Italy
7: Wilbert D Kolkman: Testamentary Formalities in the Netherlands
8: Reinhard Zimmermann: Testamentary Formalities in Germany
9: Christiane C Wendehorst: Testamentary Formalities in Austria
10: Lajos Vékás: Testamentary Formalities in Hungary
11: Frederyk Zoll: Testamentary Formalities in Poland
12: Nadjma Yassari: Testamentary Formalities in Islamic Law and their Reception in the Modern Laws of Islamic Countries
13: Roger Kerridge: Testamentary Formalities in England and Wales
14: Nicola Peart: Testamentary Formalities in Australia and New Zealand
15: Ronald J Scalise Jr: Testamentary Formalities in the United States of America
16: Marius J de Waal: Testamentary Formalities in South Africa
17: Kenneth G C Reid: Testamentary Formalities in Scotland
18: Kenneth G C Reid, Marius J de Waal, and Reinhard Zimmermann: Testamentary Formalities in Historical and Comparative Perspective

Über Autor(innen)

A qualified solicitor, Kenneth Reid has taught at the University of Edinburgh since 1980. He was appointed to the Chair of Property Law in 1994 and to the Chair of Scots Law in 2008. From 1995 to 2005 he served as a Scottish Law Commissioner, where he was responsible for a major programme of reform of land law, which was implemented by legislation.

Marius de Waal is Professor of Private Law at the University of Stellenbosch. His main fields of interest are the law of succession and the law of trusts, on which he has written a number of textbooks, including co-authoring the the fifth edition of Honoré's South African Law of Trusts (Juta 2002, with Edwin Cameron, Basil Wunsh and Peter Solomon).

Reinhard Zimmermann is a Director of the Max Planck Institute for Comparative and International Private Law in Hamburg and is Chairman of the Social Sciences, Arts, and Humanities Division of the Max Planck Society. He is the author of numerous books on comparative law and legal history, including The Law of Obligations (OUP, 1996) and The New German Law of Obligations (OUP, 2005).