Comparative Succession Law
Volume I: Testamentary Formalities
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Product details:
- Publisher OUP Oxford
- Date of Publication 6 October 2011
- ISBN 9780199696802
- Binding Hardback
- No. of pages524 pages
- Size 235x164x45 mm
- Weight 940 g
- Language English 30
Categories
Short description:
Launching a major new research project examining the principles of succession law in comparative perspective, this volume analyses the formalities imposed by the law on making a will across a wide range of European and international jurisdictions.
MoreLong description:
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.
Table of Contents:
Introduction
Testamentary Formalities in Roman Law
Testamentary Formalities in Early Modern Europe
Testamentary Formalities in France and Belgium
Testamentary Formalities in Spain
Testamentary Formalities in Latin America with particular reference to Brazil
Testamentary Formalities in Italy
Testamentary Formalities in the Netherlands
Testamentary Formalities in Germany
Testamentary Formalities in Austria
Testamentary Formalities in Hungary
Testamentary Formalities in Poland
Testamentary Formalities in Islamic Law and their Reception in the Modern Laws of Islamic Countries
Testamentary Formalities in England and Wales
Testamentary Formalities in Australia and New Zealand
Testamentary Formalities in the United States of America
Testamentary Formalities in South Africa
Testamentary Formalities in Scotland
Testamentary Formalities in Historical and Comparative Perspective
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