Family And Succession Law In Germany

Author : Dieter Schwab,Peter Gottwald
Publisher : Kluwer Law International B.V.
Page : 119 pages
File Size : 52,9 Mb
Release : 2017-02-24
Category : Law
ISBN : 9789041187697

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Family and Succession Law in Germany by Dieter Schwab,Peter Gottwald Pdf

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.

Author : Saskia Lettmaier,Moritz-Philipp Schulz
Publisher : Kluwer Law International B.V.
Page : 322 pages
File Size : 50,5 Mb
Release : 2022-02-21
Category : Law
ISBN : 9789403542539

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Family and Succession Law in Germany by Saskia Lettmaier,Moritz-Philipp Schulz Pdf

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.

Author : Kenneth G C Reid,Marius J de Waal,Reinhard Zimmermann
Publisher : Oxford University Press
Page : 832 pages
File Size : 54,7 Mb
Release : 2020-10-09
Category : Law
ISBN : 9780192590725

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Comparative Succession Law by Kenneth G C Reid,Marius J de Waal,Reinhard Zimmermann Pdf

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.

Author : Miriam Anderson,Esther Arroyo i Amayuelas
Publisher : Editorial CSIC - CSIC Press
Page : 366 pages
File Size : 46,6 Mb
Release : 2011
Category : Inheritance and succession
ISBN : 9089520872

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The Law of Succession by Miriam Anderson,Esther Arroyo i Amayuelas Pdf

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.

Author : Torstein Frantzen
Publisher : BWV Verlag
Page : 109 pages
File Size : 40,5 Mb
Release : 2013-01-01
Category : Inheritance and succession
ISBN : 9783830531746

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Inheritance Law - Challenges and Reform by Torstein Frantzen Pdf

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.

Author : Jürgen Basedow,Nadjma Yassari
Publisher : Unknown
Page : 183 pages
File Size : 49,6 Mb
Release : 2004
Category : Conflict of laws
ISBN : 3161484304

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Iranian Family and Succession Laws and Their Application in German Courts by Jürgen Basedow,Nadjma Yassari Pdf

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

Author : Jens Scherpe
Publisher : European Family Law
Page : 242 pages
File Size : 48,7 Mb
Release : 2021-01-04
Category : Electronic
ISBN : 1780689845

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The Interaction Between Family Law, Succession Law and Private International Law by Jens Scherpe Pdf

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.

Author : Katharina Boele-Woelki
Publisher : Intersentia nv
Page : 182 pages
File Size : 40,7 Mb
Release : 2004
Category : Conflict of laws
ISBN : 9789050954266

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

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.

Author : Hans Viggo Godsk Pedersen,Ingrid Lund-Andersen
Publisher : Kluwer Law International B.V.
Page : 282 pages
File Size : 44,8 Mb
Release : 2021-02-22
Category : Law
ISBN : 9789403529516

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Family and Succession Law in Denmark by Hans Viggo Godsk Pedersen,Ingrid Lund-Andersen Pdf

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.

Author : Nadjma Yassari,Marie-Claire Foblets
Publisher : Springer Nature
Page : 375 pages
File Size : 42,9 Mb
Release : 2021-11-21
Category : Law
ISBN : 9783030831066

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Normativity and Diversity in Family Law by Nadjma Yassari,Marie-Claire Foblets Pdf

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.

Author : Charles H. Beecher
Publisher : Unknown
Page : 86 pages
File Size : 51,8 Mb
Release : 1958
Category : Inheritance and succession
ISBN : STANFORD:36105044668940

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Wills and Estates Under German Law by Charles H. Beecher Pdf

Author : Susanne Kalss
Publisher : Springer
Page : 411 pages
File Size : 46,9 Mb
Release : 2015-10-21
Category : Law
ISBN : 9783319180113

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Company Law and the Law of Succession by Susanne Kalss Pdf

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.

Author : Mathias Reimann,Joachim Zekoll
Publisher : Unknown
Page : 0 pages
File Size : 44,5 Mb
Release : 2005
Category : Law
ISBN : 9041122613

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Introduction to German Law by Mathias Reimann,Joachim Zekoll Pdf

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.

Author : Christoph Castelein,René Foqué,Boudewijn Bouckaert,Alain Verbeke
Publisher : Unknown
Page : 248 pages
File Size : 53,8 Mb
Release : 2009
Category : Business & Economics
ISBN : STANFORD:36105134512826

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Imperative Inheritance Law in a Late-modern Society by Christoph Castelein,René Foqué,Boudewijn Bouckaert,Alain Verbeke Pdf

This volume in the EFL-Series aims at enabling a larger and more contextualised view on succession law, by studying the issue of imperative inheritance law from five different perspectives: legal anthropology, legal history, sociology of law, law and economics, and comparative law. All perspectives are introduced by eminent scholars.

Author : Stefan Königer
Publisher : American Bar Association
Page : 0 pages
File Size : 48,6 Mb
Release : 2018-03-06
Category : Gifts
ISBN : 1634258398

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The German Inheritance and Gift Tax by Stefan Königer Pdf

Germany is the fourth largest economy in the world, making it an attractive business location and boasting a high standard of living. A number of companies have their registered offices in Germany, including many organized as family businesses. In addition, with worldwide mobility and the internationalization of companies, there has been an increase in binational marriages and dual citizenships. These factors often result in German inheritance and gift tax consequences, either through a residence or through assets held in Germany. By providing deep insights in all issues of tax liability, valuation, tax calculation as well as tax assessment and levy procedures in Germany, this detailed guide is an ideal support for international tax lawyers involved in succession planning for clients who either reside in Germany or hold German assets. The book comprises legal text of the German Inheritance and Gift Tax Act as well as in-depth commentary and guidance, section by section. Beginning with an overview of the basic structure of the German Inheritance and Gift Tax Act, chapters in the book address each section of Act and the author's informed commentary includes practical advice and instructions regarding tax planning. Topics addressed in the German Inheritance and Gift Tax Act include these issues, among many others: - Taxable transactions- Personal tax liability- Community property- Gifts inter vivos- Valuation- Tax exemptions- Privileged assets- Real estate- Tax rates- Taxation of pensions, uses, and services- Duty of notification