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The Decolonization of International Law: State Succession and the Law of Treaties

Matthew Craven

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199217625
eISBN:
9780191705410
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199217625.001.0001
Subject:
Law, Public International Law

The issue of state succession continues to be a vital and complex focal point for public international lawyers, yet it has remained strangely resistant to effective articulation. The formative period ... More


Exploring the Law of Succession: Studies National, Historical and Comparative

Kenneth Reid and Marius de Waal

Published in print:
2007
Published Online:
March 2012
ISBN:
9780748632909
eISBN:
9780748651436
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748632909.001.0001
Subject:
Law, Comparative Law

By comparison with other areas of private law, the law of succession has been neglected by modern scholars. This book contributes to its rehabilitation by examining key issues in succession law from ... More


A Comparative Overview*

Marius J de Waal

in Exploring the Law of Succession: Studies National, Historical and Comparative

Published in print:
2007
Published Online:
March 2012
ISBN:
9780748632909
eISBN:
9780748651436
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748632909.003.0011
Subject:
Law, Comparative Law

This book reviews selected topics in the law of succession from a comparative and, in some instances, a historical perspective, explaining that the primary function of the law of succession is to ... More


Succession Law in Scotland – a Historical Perspective

W David H Sellar

in Exploring the Law of Succession: Studies National, Historical and Comparative

Published in print:
2007
Published Online:
March 2012
ISBN:
9780748632909
eISBN:
9780748651436
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748632909.003.0013
Subject:
Law, Comparative Law

This chapter explores the history of the law of succession in Scotland. It aims to provide a historical context for the present law by setting out the main outlines of the law of succession in ... More


Comparative Succession Law: Volume I: Testamentary Formalities

Kenneth G C Reid, Marius J. de Waal, and Reinhard Zimmermann (eds)

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696802
eISBN:
9780191732065
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696802.001.0001
Subject:
Law, Company and Commercial Law

This book is about testamentary formalities, that is to say, about the requirements which the law of succession imposes in order for a person to make a will. How are wills made? What precisely are ... More


The New Dutch Law of Succession

Sjef van Erp

in Exploring the Law of Succession: Studies National, Historical and Comparative

Published in print:
2007
Published Online:
March 2012
ISBN:
9780748632909
eISBN:
9780748651436
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748632909.003.0021
Subject:
Law, Comparative Law

This chapter discusses the Dutch law of succession that entered into force as Book 4 of the Civil Code in January 2003. It outlines the new law of succession, both testate and intestate, focusing on ... More


Compulsory Heirship in Roman Law

Reinhard Zimmermann

in Exploring the Law of Succession: Studies National, Historical and Comparative

Published in print:
2007
Published Online:
March 2012
ISBN:
9780748632909
eISBN:
9780748651436
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748632909.003.0012
Subject:
Law, Comparative Law

This chapter examines the history of compulsory heirship in Roman law, providing an overview of the development of the idea of a right to obtain part of the estate even contrary to the will of the ... More


Freedom of Testation and the Ageing Testator

J C Sonnekus

in Exploring the Law of Succession: Studies National, Historical and Comparative

Published in print:
2007
Published Online:
March 2012
ISBN:
9780748632909
eISBN:
9780748651436
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748632909.003.0015
Subject:
Law, Comparative Law

This chapter explores the issues of freedom of testation and the age of testator in relation to the law of succession, discussing the factors associated with the capacity to execute a last will, ... More


Forced Heirship and Family Provision in Latin America

Jan Peter Schmidt

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/9780198850397.003.0007
Subject:
Law, Law of Obligations, Private International Law

Latin American succession laws are generally quite homogeneous, yet when it comes to mandatory family protection, they split sharply into two groups, the composition of which, curiously, falls ... More


Succession of Property: Joint versus Individual Right

Tirthankar Roy and Anand V. Swamy

in Law and the Economy in Colonial India

Published in print:
2016
Published Online:
May 2017
ISBN:
9780226387642
eISBN:
9780226387789
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226387789.003.0005
Subject:
Economics and Finance, Economic History

Whereas agricultural property invited specific legislation, the law of succession and inheritance outside agriculture initially upheld the rights of the joint family in such matters, as set out in ... More


Fideicommissary Substitutions: Scots Law in Historical and Comparative Perspective

George L Gretton

in Exploring the Law of Succession: Studies National, Historical and Comparative

Published in print:
2007
Published Online:
March 2012
ISBN:
9780748632909
eISBN:
9780748651436
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748632909.003.0019
Subject:
Law, Comparative Law

This chapter examines fideicommissary substitutions in Scots law from a comparative and historical standpoint, explaining that Scotland had a pre-Reformation inter vivos institution called the ... More


Compulsory Portion in France

Cécile Pérès

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/9780198850397.003.0004
Subject:
Law, Law of Obligations, Private International Law

This chapter deals with the réserve héréditaire in the French law of succession. In the presence of descendants or, failing that, a surviving spouse, French law limits the deceased’s freedom to ... More


Rural Widows, City Widows, and the Fight for Inheritance

in Worries of the Heart: Widows, Family, and Community in Kenya

Published in print:
2007
Published Online:
March 2013
ISBN:
9780226554198
eISBN:
9780226554228
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226554228.003.0016
Subject:
History, World Modern History

This chapter looks at rural Maragoli widows, city widows, and the fight for inheritance. The Law of Succession Bill became one of the major sources of conflict between rural Maragoli widows and other ... More


Family Provision in South Africa

Marius J de Waal

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/9780198850397.003.0016
Subject:
Law, Law of Obligations, Private International Law

At the time of the reception of Roman-Dutch law at the Cape in the seventeenth century, both children and the surviving spouse enjoyed sufficient protection at the death of the breadwinner (normally ... More


Family Provision in New Zealand and Australia

Nicola Peart and Prue Vines

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/9780198850397.003.0015
Subject:
Law, Law of Obligations, Private International Law

New Zealand and Australia are named in that order in the title because New Zealand was the first to develop the discretionary family provision jurisdiction, in 1900, that now applies in New Zealand, ... More


International Law, the Independence Debate, and Political Settlement in the UK

Christine Bell

in The Scottish Independence Referendum: Constitutional and Political Implications

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198755517
eISBN:
9780191816697
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755517.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter examines the role that international law played in the Scottish independence debates. It argues that international law surprisingly played a central role. International law was used by ... More


Comparative Succession Law: Volume III: Mandatory Family Protection

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

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198850397
eISBN:
9780191885419
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850397.001.0001
Subject:
Law, Law of Obligations, Private International Law

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 ... More


The Titles

Robert Stein

in Magnanimous Dukes and Rising States: The Unification of the Burgundian Netherlands, 1380-1480

Published in print:
2017
Published Online:
April 2017
ISBN:
9780198757108
eISBN:
9780191817014
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198757108.003.0002
Subject:
History, European Early Modern History

This chapter traces how the Burgundian dynasty managed to unite the different principalities of the Netherlands under its rule, and thus created a composite monarchy. The Burgundian claims were ... More


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