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 ...
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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 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? What is the legal history of wills, the state of the law today, and the prospects for the future? Is this a fruitful topic for comparative law? The book explores these questions through a representative sample of countries in Europe as well as in the USA, Latin America, South Africa, Australia, and New Zealand. A final chapter draws the threads together and offers an overall assessment of the development of wills and will-making in Europe and beyond.Less
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 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? What is the legal history of wills, the state of the law today, and the prospects for the future? Is this a fruitful topic for comparative law? The book explores these questions through a representative sample of countries in Europe as well as in the USA, Latin America, South Africa, Australia, and New Zealand. A final chapter draws the threads together and offers an overall assessment of the development of wills and will-making in Europe and beyond.
Stephen Zamora, José RamlÓN CossÍO, Lenone Pereznieto, José Roldá n-Xopa, and David Lopez
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199288489
- eISBN:
- 9780191700514
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199288489.003.0002
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses legal education and the legal profession in Mexico. It first describes the features of Mexican law schools and admission requirements and curricula, followed by an evaluation ...
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This chapter discusses legal education and the legal profession in Mexico. It first describes the features of Mexican law schools and admission requirements and curricula, followed by an evaluation of Mexican legal education. Finally, the chapter describes two types of legal practitioners in Mexico: the attorneys and notaries public. The admissions requirements, functions, regulatory systems, fee practices, and professional associations of each group of practitioners are discussed.Less
This chapter discusses legal education and the legal profession in Mexico. It first describes the features of Mexican law schools and admission requirements and curricula, followed by an evaluation of Mexican legal education. Finally, the chapter describes two types of legal practitioners in Mexico: the attorneys and notaries public. The admissions requirements, functions, regulatory systems, fee practices, and professional associations of each group of practitioners are discussed.
Jessica M. Marglin
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780300218466
- eISBN:
- 9780300225082
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300218466.003.0002
- Subject:
- History, African History
This chapter offers a topography of courts, notaries, and judicial officials, including both how they functioned and how they fit together. It describes how Jews in particular—as subordinate subjects ...
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This chapter offers a topography of courts, notaries, and judicial officials, including both how they functioned and how they fit together. It describes how Jews in particular—as subordinate subjects with increasingly international clout—were received in these institutions. The chapter first focuses on the Jewish quarter where the Assarrafs lived, before exploring the notaries public and Jewish courts that together made up the main institutions applying Jewish law. It then turns to the heart of Fez, where the city's main Islamic legal institutions were situated, before expanding this map to include legal networks on a national and international scale. The map drawn in this chapter thus serves as a reminder of how the different legal orders functioning in Morocco stood in relation to one another.Less
This chapter offers a topography of courts, notaries, and judicial officials, including both how they functioned and how they fit together. It describes how Jews in particular—as subordinate subjects with increasingly international clout—were received in these institutions. The chapter first focuses on the Jewish quarter where the Assarrafs lived, before exploring the notaries public and Jewish courts that together made up the main institutions applying Jewish law. It then turns to the heart of Fez, where the city's main Islamic legal institutions were situated, before expanding this map to include legal networks on a national and international scale. The map drawn in this chapter thus serves as a reminder of how the different legal orders functioning in Morocco stood in relation to one another.
Sebastiaan Verweij
- Published in print:
- 2016
- Published Online:
- May 2016
- ISBN:
- 9780198757290
- eISBN:
- 9780191817229
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198757290.003.0005
- Subject:
- Literature, 16th-century and Renaissance Literature, 17th-century and Restoration Literature
Chapter Four looks at the poetic representation of city dwellers, before considering a number of scribes (professionals such as notaries public or song schoolmasters) and their manuscripts. It ...
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Chapter Four looks at the poetic representation of city dwellers, before considering a number of scribes (professionals such as notaries public or song schoolmasters) and their manuscripts. It discusses the rise of a cultured burgess elite, and the type of evidence that is available to track their book-buying and reading habits, and more generally, their contribution to an urban cultural life. This chapter concludes with a discussion of the most important monument to urban literary culture in Scotland: the Bannatyne manuscript, compiled by George Bannatyne during the latter years of the 1560s. The Bannatyne manuscript, which will otherwise loom large in this book as a whole, will in Chapter Four be set against a wider background of bookish culture in the Scottish capital.Less
Chapter Four looks at the poetic representation of city dwellers, before considering a number of scribes (professionals such as notaries public or song schoolmasters) and their manuscripts. It discusses the rise of a cultured burgess elite, and the type of evidence that is available to track their book-buying and reading habits, and more generally, their contribution to an urban cultural life. This chapter concludes with a discussion of the most important monument to urban literary culture in Scotland: the Bannatyne manuscript, compiled by George Bannatyne during the latter years of the 1560s. The Bannatyne manuscript, which will otherwise loom large in this book as a whole, will in Chapter Four be set against a wider background of bookish culture in the Scottish capital.
Martyn Rady
- Published in print:
- 2015
- Published Online:
- September 2015
- ISBN:
- 9780198743910
- eISBN:
- 9780191803871
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198743910.003.0003
- Subject:
- History, European Modern History, Political History
The chapter looks at the formal sources of authority identified by Werbőczy and puts them in their larger historical context. From the very first, the kingdom was exposed to Romanizing trends, ...
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The chapter looks at the formal sources of authority identified by Werbőczy and puts them in their larger historical context. From the very first, the kingdom was exposed to Romanizing trends, communicated in the main through church practices. These were spread throughout the kingdom by the loca credibilia which functioned in Hungary in place of public notaries, while also undertaking out-of-court activity such as inquests. As a result Hungarian customary law exhibited considerable uniformity. The work of the loca credibilia in disseminating legal style through the preparation of dossiers for the consideration of courts is identified as particularly important. Royal legislation acquired importance in the fifteenth century, but only such laws as were carried over into popular practice and were thus recollected retained cogency. In this respect, the written law of statute was itself customized by use.Less
The chapter looks at the formal sources of authority identified by Werbőczy and puts them in their larger historical context. From the very first, the kingdom was exposed to Romanizing trends, communicated in the main through church practices. These were spread throughout the kingdom by the loca credibilia which functioned in Hungary in place of public notaries, while also undertaking out-of-court activity such as inquests. As a result Hungarian customary law exhibited considerable uniformity. The work of the loca credibilia in disseminating legal style through the preparation of dossiers for the consideration of courts is identified as particularly important. Royal legislation acquired importance in the fifteenth century, but only such laws as were carried over into popular practice and were thus recollected retained cogency. In this respect, the written law of statute was itself customized by use.
Jessica M. Marglin
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9780300218466
- eISBN:
- 9780300225082
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300218466.003.0003
- Subject:
- History, African History
This chapter focuses on the Assarrafs and the ways in which they engaged Muslim notaries public and shariʻa courts to sustain their quotidian business dealings. It shows that Jewish merchants like ...
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This chapter focuses on the Assarrafs and the ways in which they engaged Muslim notaries public and shariʻa courts to sustain their quotidian business dealings. It shows that Jewish merchants like Shalom and Yaʻakov Assarraf used local Islamic legal institutions frequently because of their extensive commercial relations with Muslims. The absence of a formal banking system and the increasingly short supplies of cash, especially in rural areas, meant that Jewish merchants sold most of their wares on credit. In order to ensure that extending credit would be profitable, Jewish merchants relied on shariʻa courts to document and enforce the debts they accumulated. Islamic legal institutions were thus central to how Jewish merchants did business.Less
This chapter focuses on the Assarrafs and the ways in which they engaged Muslim notaries public and shariʻa courts to sustain their quotidian business dealings. It shows that Jewish merchants like Shalom and Yaʻakov Assarraf used local Islamic legal institutions frequently because of their extensive commercial relations with Muslims. The absence of a formal banking system and the increasingly short supplies of cash, especially in rural areas, meant that Jewish merchants sold most of their wares on credit. In order to ensure that extending credit would be profitable, Jewish merchants relied on shariʻa courts to document and enforce the debts they accumulated. Islamic legal institutions were thus central to how Jewish merchants did business.
Alex Ruck Keene and Katrine Kjærheim Fredwall
- Published in print:
- 2015
- Published Online:
- March 2021
- ISBN:
- 9780198727255
- eISBN:
- 9780191927515
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/9780198727255.003.0051
- Subject:
- Law, Private International Law
Norway is a unitary state.It has a hybrid legal system, but is predominantly civil in nature. There are sixty-six district courts (tingretter) at the lowest level. Above them are six Courts of ...
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Norway is a unitary state.It has a hybrid legal system, but is predominantly civil in nature. There are sixty-six district courts (tingretter) at the lowest level. Above them are six Courts of Appeal (lagmannsretter); the highest appellate court is the High Court of Justice (høyesterett).
Less
Norway is a unitary state.It has a hybrid legal system, but is predominantly civil in nature. There are sixty-six district courts (tingretter) at the lowest level. Above them are six Courts of Appeal (lagmannsretter); the highest appellate court is the High Court of Justice (høyesterett).
