Comparative Succession Law: Volume I: Testamentary Formalities by Kenneth G. C. ReidComparative Succession Law: Volume I: Testamentary Formalities by Kenneth G. C. Reid

Comparative Succession Law: Volume I: Testamentary Formalities

EditorKenneth G. C. Reid, Marius J. de Waal, Reinhard Zimmermann

Hardcover | November 6, 2011

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Launching a major new research project examining the principles of succession law in comparative perspective, this book discusses the formalities which the law imposes in order for a person to make a testamentary disposal of property. Among the questions considered are the following. How arewills 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 iswill-making or do most people die intestate? What happens if formalities are not observed? How can requirements of form be explained and justified? How did the law develop historically, what is the state of the law today, and what are the prospects for the future?The focus is on Europe, and on countries which have been influenced by the European experience. Thus in addition to giving a detailed treatment of the law in Austria, Belgium, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Poland, and Spain, the book explores legal developmentsin Australia, New Zealand, the United States of America, and in some of the countries of Latin America with a particular emphasis on Brazil. It also includes chapters on two of the mixed jurisdictions - Scotland and South Africa - and on Islamic Law. The book opens with chapters on Roman law and onthe early modern law in Europe, thus setting the historical scene as well as anticipating and complementing the accounts of national history which appear in subsequent chapters; and it concludes with an assessment of the overall development of the law in the countries surveyed, and with some widerreflections on the nature and purpose of testamentary formalities.
A qualified solicitor, Kenneth Reid has taught at the University of Edinburgh since 1980. He was appointed to the Chair of Property Law in 1994 and to the Chair of Scots Law in 2008. From 1995 to 2005 he served as a Scottish Law Commissioner, where he was responsible for a major programme of reform of land law, which was implemented by...
Title:Comparative Succession Law: Volume I: Testamentary FormalitiesFormat:HardcoverDimensions:524 pages, 9.21 × 6.14 × 1.8 inPublished:November 6, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199696802

ISBN - 13:9780199696802

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Table of Contents

Introduction1. Thomas Rufner: Testamentary Formalities in Roman Law2. Nils Jansen: Testamentary Formalities in Early Modern Europe3. Walter Pintens: Testamentary Formalities in France and Belgium4. Sergio Camara Lapuente: Testamentary Formalities in Spain5. Jan Peter Schmidt: Testamentary Formalities in Latin America with particular reference to Brazil6. Alexandra Braun: Testamentary Formalities in Italy7. Wilbert D Kolkman: Testamentary Formalities in the Netherlands8. Reinhard Zimmermann: Testamentary Formalities in Germany9. Christiane C Wendehorst: Testamentary Formalities in Austria10. Lajos Vekas: Testamentary Formalities in Hungary11. Frederyk Zoll: Testamentary Formalities in Poland12. Nadjma Yassari: Testamentary Formalities in Islamic Law and their Reception in the Modern Laws of Islamic Countries13. Roger Kerridge: Testamentary Formalities in England and Wales14. Nicola Peart: Testamentary Formalities in Australia and New Zealand15. Ronald J Scalise Jr: Testamentary Formalities in the United States of America16. Marius J de Waal: Testamentary Formalities in South Africa17. Kenneth G C Reid: Testamentary Formalities in Scotland18. Kenneth G C Reid, Marius J de Waal, and Reinhard Zimmermann: Testamentary Formalities in Historical and Comparative Perspective