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Intestate Succession in South Africa

Marius J de Waal

in Comparative Succession Law: Volume II: Intestate Succession

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198747123
eISBN:
9780191809408
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198747123.003.0010
Subject:
Law, Comparative Law, Family Law

This chapter discusses the law of intestate succession in South Africa. The South African law of intestate succession is consolidated in a single short statute, the Intestate Succession Act 81 of ... More


Intestate Succession in Historical and Comparative Perspective

Kenneth G C Reid, Marius J de Waal, and Reinhard Zimmermann

in Comparative Succession Law: Volume II: Intestate Succession

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198747123
eISBN:
9780191809408
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198747123.003.0019
Subject:
Law, Comparative Law, Family Law

This chapter draws on the preceding chapters and other material in order to develop a coherent account of the law of intestate succession and of how and why it has come to assume its present form. It ... More


Intestate Succession in Germany

Reinhard Zimmermann

in Comparative Succession Law: Volume II: Intestate Succession

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198747123
eISBN:
9780191809408
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198747123.003.0008
Subject:
Law, Comparative Law, Family Law

The German intestate succession rules are based on family succession. The deceased’s family typically comprises his relatives and the surviving spouse. In terms of the relatives who must be taken ... More


Intestate Succession in Hungary

Lajos Vékás

in Comparative Succession Law: Volume II: Intestate Succession

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198747123
eISBN:
9780191809408
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198747123.003.0011
Subject:
Law, Comparative Law, Family Law

The foundations of Hungarian intestate succession law were laid in 1861, when the property and succession regimes burdened with feudal constraints were gradually transformed into a bourgeois ... More


Intestate Succession in Latin America

Jan Peter Schmidt

in Comparative Succession Law: Volume II: Intestate Succession

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198747123
eISBN:
9780191809408
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198747123.003.0006
Subject:
Law, Comparative Law, Family Law

The laws of intestate succession in Latin America are homogenous in so far as their fundamental characteristics are concerned. In the order of heirs among relatives, for example, they almost ... More


Intestate Succession in Scotland

Kenneth G C Reid

in Comparative Succession Law: Volume II: Intestate Succession

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198747123
eISBN:
9780191809408
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198747123.003.0016
Subject:
Law, Comparative Law, Family Law

Three things stand out in the development of intestate succession law in Scotland. First, the endurance into the modern period of rules which were formed in the Middle Ages and which, in the case of ... More


Compulsory Portion in Germany

Reinhard Zimmermann

in Comparative Succession Law: Volume III: Mandatory Family Protection

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198850397
eISBN:
9780191885419
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850397.003.0009
Subject:
Law, Law of Obligations, Private International Law

The compulsory portion of the German law of succession is a personal claim by a close family member of the deceased against the deceased’s heir, or heirs, to receive the value of one-half of his or ... More


Intestate Succession in Italy

Alexandra Braun

in Comparative Succession Law: Volume II: Intestate Succession

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198747123
eISBN:
9780191809408
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198747123.003.0004
Subject:
Law, Comparative Law, Family Law

This chapter explores the law of intestate succession in Italy and it has have evolved over time. In so doing, it looks at the rationale of these rules as well as their limitations in an attempt to ... More


Intestate Succession in Roman Law

Thomas Rüfner

in Comparative Succession Law: Volume II: Intestate Succession

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198747123
eISBN:
9780191809408
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198747123.003.0001
Subject:
Law, Comparative Law, Family Law

This chapter begins with the key to understanding the Roman law of intestacy – the Roman family’s legal structure. Under Roman family law, the father (pater familias) exercised almost unlimited power ... More


Intestate Succession in the Netherlands

Wilbert D Kolkman

in Comparative Succession Law: Volume II: Intestate Succession

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198747123
eISBN:
9780191809408
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198747123.003.0009
Subject:
Law, Comparative Law, Family Law

The Dutch law of intestate succession had no uniformity prior to the codifications of the nineteenth century. This changed in the French era, with the introduction of the Dutch Civil Code of 1838 ... More


SUCCESSION

Roger Kerridge

in English Private Law

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199661770
eISBN:
9780191778612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199661770.003.0007
Subject:
Law, Law of Obligations, Company and Commercial Law

The law of succession is concerned with the transfer or devolution of property on death. It can be divided into two principal topics: the law of intestate succession and the law of wills. But there ... More


Intestate Succession in Poland

Fryderyk Zoll

in Comparative Succession Law: Volume II: Intestate Succession

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198747123
eISBN:
9780191809408
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198747123.003.0012
Subject:
Law, Comparative Law, Family Law

This chapter charts the development of succession law in Poland, starting from the origins of the Polish state and ending in 2009. It details the unification of Polish succession law under the Decree ... More


Intestate Succession in Australia and New Zealand

Nicola Peart and Prue Vines

in Comparative Succession Law: Volume II: Intestate Succession

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198747123
eISBN:
9780191809408
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198747123.003.0015
Subject:
Law, Comparative Law, Family Law

This chapter discusses the development of the law of intestate succession in Australia and New Zealand. The rules of intestate succession in Australia and New Zealand have their origins in English ... More


Intestate Succession in Spain

Sergio Cámara Lapuente

in Comparative Succession Law: Volume II: Intestate Succession

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198747123
eISBN:
9780191809408
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198747123.003.0005
Subject:
Law, Comparative Law, Family Law

This chapter discusses intestate succession law in Spain. It starts with some background information on the status and incidence of intestate succession in Spain and sources of law. It then traces ... More


Intestate Succession in Islamic Countries

Nadjma Yassari

in Comparative Succession Law: Volume II: Intestate Succession

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198747123
eISBN:
9780191809408
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198747123.003.0018
Subject:
Law, Comparative Law, Family Law

Intestate succession in Islamic countries is based on religious law, with the assumption that the law must impose mandatory rules regarding what property passes from one generation to the next. The ... More


Intestate Succession in England and Wales

Roger Kerridge

in Comparative Succession Law: Volume II: Intestate Succession

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198747123
eISBN:
9780191809408
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198747123.003.0014
Subject:
Law, Comparative Law, Family Law

This chapter first traces the historical development of succession law in England and Wales from 1066 to 1925. During this period, the central feature of intestacy law was that there were two ... More


Intestate Succession in Quebec

Lionel Smith

in Comparative Succession Law: Volume II: Intestate Succession

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198747123
eISBN:
9780191809408
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198747123.003.0003
Subject:
Law, Comparative Law, Family Law

Quebec’s civil law of intestate succession was initially derived from French customary law and continues to bear some imprint of this origin, despite its evolution over the years. Since 1866, it has ... More


Intestate Succession in Austria

Christiane Wendehorst

in Comparative Succession Law: Volume II: Intestate Succession

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198747123
eISBN:
9780191809408
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198747123.003.0007
Subject:
Law, Comparative Law, Family Law

The Austrian law of intestate succession is known for being the first to introduce the parentelic system, which later found its way into the German and Swiss Civil Codes and has become a worldwide ... More


Intestate Succession in the United States of America

Ronald J Scalise

in Comparative Succession Law: Volume II: Intestate Succession

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198747123
eISBN:
9780191809408
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198747123.003.0017
Subject:
Law, Comparative Law, Family Law

This chapter discusses the law of intestate succession in the United States. The United States maintains a modified parentelic system, which allows siblings and other collaterals to inherit by ... More


Intestate Succession in France

Cécile Pérès

in Comparative Succession Law: Volume II: Intestate Succession

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198747123
eISBN:
9780191809408
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198747123.003.0002
Subject:
Law, Comparative Law, Family Law

This chapter begins with a historical background of intestate succession law in France. Before the Civil Code of 1804, the law was diverse and complex. In the north, customary law (droit coutumier) ... More


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