Mandatory family protection / edited by Kenneth G.C. Reid, Marius J. de Waal and Reinhard Zimmermann.

Format:

Book

Contributor:

De Waal, Marius Johannes.

Zimmermann, Reinhard, 1952-

Reid, Kenneth G. C.

Series:

Comparative succession law ; Volume 3.

Language:

English

Subjects (All):

Inheritance and succession.

Physical Description:

xxviii, 798p. ; ill

Place of Publication:

Oxford : Oxford University Press, 2020.

Summary:

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.0The 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 on0Islamic 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.

Contents:

Protection against being passed over or disinherited in Roman law / Reinhard Zimmermann

Passing over and disinheritance in the days of the Ius Commune / Sebastian Lohsse

Customary mechanisms of family protection : late medieval and early-modern law, Thomas Rüfner

Compulsory portion in France / Cécile Pérès

Forced heirship in Italy / Alexandra Braun

Forced heirship in Spain / Sergio Cámara Lapuente

Forced heirship and family provision in Latin America / Jan Peter Schmidt

Compulsory portion and other aspects of family protection in Austria / Christiane Wendehorst

Compulsory portion in Germany / Reinhard Zimmermann

Compulsory portion and family provision in the Netherlands / Wilbert D. Kolkman

Compulsory portion in Hungary / Lajos Vékás

Compulsory portion in Poland / Fryderyk Zoll

Family provision in England and Wales / Roger Kerridge

Legal rights in Scotland / Kenneth G. C. Reid

Family provision in New Zealand and Australia / Nicola Peart and Prue Vines

Family provision in South Africa / Marius J. de Waal

Freedom of testation and family claims in Canada / Alexandra Popovici and Lionel Smith

Family protection in the United States of America / Ronald J. Scalise Jr.

Compulsory portion and minimum inheritance in Norway / Jens M. Scherpe and Thomas Eeg

Necessary portion in China / Knut Benjamin Pissler and Timo Kleinwegener

Compulsory heirship and freedom of testation in Islamic law / Nadjma Yassari

Mandatory family protection in the civilian tradition / Reinhard Zimmermann

Mandatory family protection in the common law tradition / Kenneth G. C. Reid

Mandatory Family Protection in Historical and Comparative perspectives / Kenneth G. C. Reid, Marius J. de Waal, and Reinhard Zimmermann.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

9780192590732

9780191885419 : (ebk : OxfordScholarship)