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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


The place of the gift

Hyland Richard

in Gifts: A Study in Comparative Law

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195343366
eISBN:
9780199867776
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195343366.003.0008
Subject:
Law, Comparative Law

One of the most intriguing challenges in the private law is to find an appropriate systematic placement for the law of gifts. The unanimous view in the contemporary civil law is that the gift is a ... 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


The Line of Succession Controversy

Brian C. Kalt

in Constitutional Cliffhangers

Published in print:
2012
Published Online:
October 2013
ISBN:
9780300123517
eISBN:
9780300178012
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300123517.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter explains a notion that every American schoolchild learns: that the Speaker of the House and the president pro tempore of the Senate (PPT) follow the vice president in the line of ... 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


Succession Law in South Africa – a Historical Perspective

François du Toit

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/9780748632909.003.0014
Subject:
Law, Comparative Law

This chapter examines the succession law in South Africa from a historical perspective. It explains that South Africa has been gifted a mixed legal system through the coalescence of principally ... 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


Decolonization and Sovereign Debt: A Quagmire

Michael Waibel

in Sovereign Debt Diplomacies: Rethinking sovereign debt from colonial empires to hegemony

Published in print:
2021
Published Online:
April 2021
ISBN:
9780198866350
eISBN:
9780191898495
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198866350.003.0010
Subject:
Economics and Finance, Economic History, International

The complex state succession cases arising from decolonization generated intense debates within legal circles. This chapter examines the tension between two stylized schools on state succession into ... 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


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 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


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


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


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 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


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