Nadjma Yassari
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199696802
- eISBN:
- 9780191732065
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199696802.003.0012
- Subject:
- Law, Company and Commercial Law
This chapter discusses the rules concerning the form of testamentary dispositions in accordance with the five schools of Islamic law, and connects these to the respective rules in selected Islamic ...
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This chapter discusses the rules concerning the form of testamentary dispositions in accordance with the five schools of Islamic law, and connects these to the respective rules in selected Islamic countries today. It covers the freedom of testation under Islamic law, the forms of wills, attestation of the will, and modern law. The law on the form of testamentary dispositions is not uniformly regulated in the modern Islamic states. The reasons are probably threefold. First, the underlying Islamic regulations are inconsistent. Second, the extent of codification and of the reception of European law in that field varies from country to country. Third, some countries have felt the need to deny judicial relief in cases ‘in which experience has shown that perjury and falsehood abound’.Less
This chapter discusses the rules concerning the form of testamentary dispositions in accordance with the five schools of Islamic law, and connects these to the respective rules in selected Islamic countries today. It covers the freedom of testation under Islamic law, the forms of wills, attestation of the will, and modern law. The law on the form of testamentary dispositions is not uniformly regulated in the modern Islamic states. The reasons are probably threefold. First, the underlying Islamic regulations are inconsistent. Second, the extent of codification and of the reception of European law in that field varies from country to country. Third, some countries have felt the need to deny judicial relief in cases ‘in which experience has shown that perjury and falsehood abound’.
Huw Pryce
- Published in print:
- 1993
- Published Online:
- October 2011
- ISBN:
- 9780198203629
- eISBN:
- 9780191675904
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198203629.003.0006
- Subject:
- History, British and Irish Medieval History, History of Religion
In the first of his letters criticizing cyfraith Hywel, written as a result of a dispute between Llywelyn ap Gruffudd and Bishop Anian of Bangor in 1279, Archbishop John Pecham accused Llywelyn of ...
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In the first of his letters criticizing cyfraith Hywel, written as a result of a dispute between Llywelyn ap Gruffudd and Bishop Anian of Bangor in 1279, Archbishop John Pecham accused Llywelyn of having usurped ecclesiastical property and of disregarding the Catholic Church's right to dispose of the moveables of persons who had died intestate. The prince allegedly justified his actions by referring to native law. Llywelyn's actions regarding intestacy and making wills clearly caused resentment among laymen as well as ecclesiastics in his dominions. This chapter examines the accusations against Llywelyn in the light of Welsh law's treatment of testamentary disposition, and how far that treatment contradicted canon law on the subject. The policies of Llywelyn ap Gruffudd regarding testamentary matters, as evidenced by his critics, bore resemblance to rules contained in lawbooks written earlier in the 13th century in north Wales.Less
In the first of his letters criticizing cyfraith Hywel, written as a result of a dispute between Llywelyn ap Gruffudd and Bishop Anian of Bangor in 1279, Archbishop John Pecham accused Llywelyn of having usurped ecclesiastical property and of disregarding the Catholic Church's right to dispose of the moveables of persons who had died intestate. The prince allegedly justified his actions by referring to native law. Llywelyn's actions regarding intestacy and making wills clearly caused resentment among laymen as well as ecclesiastics in his dominions. This chapter examines the accusations against Llywelyn in the light of Welsh law's treatment of testamentary disposition, and how far that treatment contradicted canon law on the subject. The policies of Llywelyn ap Gruffudd regarding testamentary matters, as evidenced by his critics, bore resemblance to rules contained in lawbooks written earlier in the 13th century in north Wales.
Thomas Rüfner
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199696802
- eISBN:
- 9780191732065
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199696802.003.0001
- Subject:
- Law, Company and Commercial Law
Roman jurists devoted great care to the formalities required for a valid testamentary disposition. This chapter traces the development of the Roman law relating to these formal requirements, from the ...
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Roman jurists devoted great care to the formalities required for a valid testamentary disposition. This chapter traces the development of the Roman law relating to these formal requirements, from the inception of Roman legal scholarship to the time of Justinian's codes. This is only possible by distinguishing between the different stages of Roman legal history. It follows common practice and, in particular, the model of Kaser's encyclopaedic work in dealing separately with the archaic, the classical, and the post-classical period of Roman law. This chapter departs from Kaser's model, however, in so far as archaic and pre-classical law are treated together.Less
Roman jurists devoted great care to the formalities required for a valid testamentary disposition. This chapter traces the development of the Roman law relating to these formal requirements, from the inception of Roman legal scholarship to the time of Justinian's codes. This is only possible by distinguishing between the different stages of Roman legal history. It follows common practice and, in particular, the model of Kaser's encyclopaedic work in dealing separately with the archaic, the classical, and the post-classical period of Roman law. This chapter departs from Kaser's model, however, in so far as archaic and pre-classical law are treated together.
Robert Rennie
- Published in print:
- 2010
- Published Online:
- September 2015
- ISBN:
- 9781845860677
- eISBN:
- 9781474406260
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781845860677.003.0009
- Subject:
- Law, Legal History
This chapter examines the estate cases of the McCaig siblings, John Stuart and Catherine. The cases reported between 1905 and 1907 were brought by Catherine McCaig against the University Court of the ...
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This chapter examines the estate cases of the McCaig siblings, John Stuart and Catherine. The cases reported between 1905 and 1907 were brought by Catherine McCaig against the University Court of the University of Glasgow, who were the sole trustees under a will by her brother, John Stuart McCaig. Catherine sought to challenge the provisions of her brother's will on the grounds that these provisions were vague and uncertain and did not convey any beneficial interest to an individual person, a body of persons, or the general public. It is one of the oddities of these cases that Catherine McCaig's own testamentary disposition contained very similar provisions which were also challenged on her death on the same grounds.Less
This chapter examines the estate cases of the McCaig siblings, John Stuart and Catherine. The cases reported between 1905 and 1907 were brought by Catherine McCaig against the University Court of the University of Glasgow, who were the sole trustees under a will by her brother, John Stuart McCaig. Catherine sought to challenge the provisions of her brother's will on the grounds that these provisions were vague and uncertain and did not convey any beneficial interest to an individual person, a body of persons, or the general public. It is one of the oddities of these cases that Catherine McCaig's own testamentary disposition contained very similar provisions which were also challenged on her death on the same grounds.
Alexandra Braun
- Published in print:
- 2020
- Published Online:
- November 2020
- ISBN:
- 9780198850397
- eISBN:
- 9780191885419
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198850397.003.0005
- Subject:
- Law, Law of Obligations, Private International Law
Civil law systems do not generally grant testamentary freedom without limitations. Often, the most significant constraints on the freedom to dispose of assets on death derive from legislative ...
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Civil law systems do not generally grant testamentary freedom without limitations. Often, the most significant constraints on the freedom to dispose of assets on death derive from legislative provisions that protect the interests of close family members by way of a forced share, even against the wishes of the deceased. These restrictions can be more or less extensive. In the case of Italy, they are significant, both in terms of how little the testator can sometimes freely dispose of, whether on death or during her lifetime, and in terms of the limited degree of autonomy with which she can modify or reduce the forced share in the estate and enter into agreements with those entitled to a forced share. This chapter provides an historical overview of forced heirship in Italy and examines its main features as well as the mechanisms that are in place to protect forced shares. It evaluates the various proposals to reform forced heirship, including proposals to abolish forced heirship altogether, none of which have been implemented. It argues that Italian law in this area is in an unsatisfactory state, for not only do forced heirship provisions impinge on a person’s freedom of testation and her freedom to make gratuitous transfers during her lifetime, they also affect the interests of donees and other third parties, ultimately hampering the free movement of goods. What is more, the provisions that are in place, including those on the calculation of the forced share and on anti-avoidance, are of considerable complexity. A reform of this area of law is therefore highly desirable.Less
Civil law systems do not generally grant testamentary freedom without limitations. Often, the most significant constraints on the freedom to dispose of assets on death derive from legislative provisions that protect the interests of close family members by way of a forced share, even against the wishes of the deceased. These restrictions can be more or less extensive. In the case of Italy, they are significant, both in terms of how little the testator can sometimes freely dispose of, whether on death or during her lifetime, and in terms of the limited degree of autonomy with which she can modify or reduce the forced share in the estate and enter into agreements with those entitled to a forced share. This chapter provides an historical overview of forced heirship in Italy and examines its main features as well as the mechanisms that are in place to protect forced shares. It evaluates the various proposals to reform forced heirship, including proposals to abolish forced heirship altogether, none of which have been implemented. It argues that Italian law in this area is in an unsatisfactory state, for not only do forced heirship provisions impinge on a person’s freedom of testation and her freedom to make gratuitous transfers during her lifetime, they also affect the interests of donees and other third parties, ultimately hampering the free movement of goods. What is more, the provisions that are in place, including those on the calculation of the forced share and on anti-avoidance, are of considerable complexity. A reform of this area of law is therefore highly desirable.
Huw Pryce
- Published in print:
- 1993
- Published Online:
- October 2011
- ISBN:
- 9780198203629
- eISBN:
- 9780191675904
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198203629.003.0012
- Subject:
- History, British and Irish Medieval History, History of Religion
In exploring the relationship of medieval Welsh law to the Catholic Church, the present work has adopted two complementary approaches. It examined the impact of ecclesiastical criticism of Welsh law, ...
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In exploring the relationship of medieval Welsh law to the Catholic Church, the present work has adopted two complementary approaches. It examined the impact of ecclesiastical criticism of Welsh law, particularly with regard to marriage and testamentary disposition. The discussion then shifted to the question of how the law came to terms with ecclesiastical privilege and power. The immunity of clerics from secular law and jurisdiction, ecclesiastical sanctuary, and the rights of churches to exercise temporal lordship are considered, along with the implications of the legal evidence for an understanding of church–state relations. This exploration of cyfraith Hywel's interaction with the Church has thus helped to illuminate a diverse range of topics, including the legal expertise of clerics, methods of establishing proof, inheritance, sacrilege, and the ecclesiastical policies of the 13th-century princes of Gwynedd.Less
In exploring the relationship of medieval Welsh law to the Catholic Church, the present work has adopted two complementary approaches. It examined the impact of ecclesiastical criticism of Welsh law, particularly with regard to marriage and testamentary disposition. The discussion then shifted to the question of how the law came to terms with ecclesiastical privilege and power. The immunity of clerics from secular law and jurisdiction, ecclesiastical sanctuary, and the rights of churches to exercise temporal lordship are considered, along with the implications of the legal evidence for an understanding of church–state relations. This exploration of cyfraith Hywel's interaction with the Church has thus helped to illuminate a diverse range of topics, including the legal expertise of clerics, methods of establishing proof, inheritance, sacrilege, and the ecclesiastical policies of the 13th-century princes of Gwynedd.
Christine Jackson
- Published in print:
- 2021
- Published Online:
- December 2021
- ISBN:
- 9780192847225
- eISBN:
- 9780191939631
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780192847225.003.0016
- Subject:
- History, British and Irish Early Modern History
The epilogue assesses Herbert’s legacy and reputation. It examines his testamentary dispositions, the descent and extinction of his direct family line, the transfer of his title and estates, and his ...
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The epilogue assesses Herbert’s legacy and reputation. It examines his testamentary dispositions, the descent and extinction of his direct family line, the transfer of his title and estates, and his failure to secure a funerary monument. It analyses his enduring chivalric reputation, his allegiance to the Stuart dynasty, and the posthumous reception of his philosophical, historical, and autobiographical writings. It argues that Herbert’s reputation has been adversely and unfairly shaped by his retrospective adoption as a deist and the unhistorical treatment of his autobiography and that his contributions to English diplomacy as ambassador to the court of Louis XIII during the early years of the Thirty Years War, the advances made in English philosophy during the early seventeenth century as author of De veritate, and the development of historical method as author of The Life and Raigne of King Henry the Eighth have been undervalued. It concludes that his unique life, multiple careers, and significant intellectual achievements merit greater celebration.Less
The epilogue assesses Herbert’s legacy and reputation. It examines his testamentary dispositions, the descent and extinction of his direct family line, the transfer of his title and estates, and his failure to secure a funerary monument. It analyses his enduring chivalric reputation, his allegiance to the Stuart dynasty, and the posthumous reception of his philosophical, historical, and autobiographical writings. It argues that Herbert’s reputation has been adversely and unfairly shaped by his retrospective adoption as a deist and the unhistorical treatment of his autobiography and that his contributions to English diplomacy as ambassador to the court of Louis XIII during the early years of the Thirty Years War, the advances made in English philosophy during the early seventeenth century as author of De veritate, and the development of historical method as author of The Life and Raigne of King Henry the Eighth have been undervalued. It concludes that his unique life, multiple careers, and significant intellectual achievements merit greater celebration.
Andrew Miller and and Daniel Altneu
- Published in print:
- 2022
- Published Online:
- June 2022
- ISBN:
- 9780198870463
- eISBN:
- 9780191913242
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198870463.003.0009
- Subject:
- Law, Trusts
This chapter focuses on the legal system of the British Virgin Islands (BVI): the English common law system. It emphasizes that the principles of English common law apply in the territory by virtue ...
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This chapter focuses on the legal system of the British Virgin Islands (BVI): the English common law system. It emphasizes that the principles of English common law apply in the territory by virtue of the 1705 Common Law (Declaration of Application) Act and those of English equity apply by virtue of the West Indies Associated States Supreme Court (Virgin Islands) Act. The chapter also looks at the forms of wills available in the BVI. As the chapter argues, a will must comply with the requirements of section 7 of the Wills Act. Section 7 which prescribes that the will must be in writing and must be signed at the foot or end by the testator/trix or by some other person in his or her presence and by his or her direction. This chapter then shifts to focus on the order of succession in cases of intestacy. The BVI’s rules of intestacy are set out in the Intestates Estates Act. It finally reviews the full freedom of testamentary disposition in the BVI and the laws of the territory. The chapter also considers the community of property regime in the BVI as well as estate taxes and administration of estates.Less
This chapter focuses on the legal system of the British Virgin Islands (BVI): the English common law system. It emphasizes that the principles of English common law apply in the territory by virtue of the 1705 Common Law (Declaration of Application) Act and those of English equity apply by virtue of the West Indies Associated States Supreme Court (Virgin Islands) Act. The chapter also looks at the forms of wills available in the BVI. As the chapter argues, a will must comply with the requirements of section 7 of the Wills Act. Section 7 which prescribes that the will must be in writing and must be signed at the foot or end by the testator/trix or by some other person in his or her presence and by his or her direction. This chapter then shifts to focus on the order of succession in cases of intestacy. The BVI’s rules of intestacy are set out in the Intestates Estates Act. It finally reviews the full freedom of testamentary disposition in the BVI and the laws of the territory. The chapter also considers the community of property regime in the BVI as well as estate taxes and administration of estates.