Family and Succession Law in Portugal
Family and Succession Law in Portugal

Author: Guilherme de Oliveira

Publisher: Kluwer Law International B.V.

Published: 2023-05-20

Total Pages: 380

ISBN-13: 9403537469

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Portugal covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Portugal. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Property and Trust Law in Portugal
Property and Trust Law in Portugal

Author: Sandra Passinhas

Publisher: Kluwer Law International B.V.

Published: 2019-11-22

Total Pages: 253

ISBN-13: 9403517913

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Portugal deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Portugal will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.

Elites
Elites

Author: Collectif

Publisher: Etnográfica Press

Published: 2019-01-21

Total Pages: 222

ISBN-13:

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Wealth and power characterize elites, yet despite the strong cultural influences they exert, their study remains underdeveloped. Partly because of complications resulting from access, scholars have tended to focus on groups affected by elite governance rather than on elites themselves. It is often overlooked that, in order to continue through time, elites have to empower new members. Choice has to be exercised over who achieves leadership, both by reference to the elite group itself and to the wider group over which it holds power. This book fills a gap in the current literature by providing the first rigorous interrogation of the choice and succession strategies of elites in various cultural contexts - from the transmission and preservation of financial power in urban contexts to the complex relation between subjectivity and the transmission of leadership positions in places as varied as the United States, Northern Italy and Lisbon. Various elite succession types are discussed, from self-avowedly 'traditional' leaders to the aristocracy, where choice is practically non-existent, to situations where leaders are elected from amongst a group of peers. The relationship between familial property and choice of successor in landholding families, small business enterprises, and peasant communities is also examined, as are ethnic monopolies.

The Scope and Structure of Civil Codes
The Scope and Structure of Civil Codes

Author: Julio César Rivera

Publisher: Springer Science & Business Media

Published: 2014-02-04

Total Pages: 477

ISBN-13: 9400779429

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This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.

Personal Law Reforms and Gender Empowerment
Personal Law Reforms and Gender Empowerment

Author: Nandini Chavan

Publisher: Hope India Publications

Published: 2006

Total Pages: 377

ISBN-13: 817871079X

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The basic objective of this book is to explore the possibilities of reform in Muslim Personal Law and Hindu Personal Law from women rights perspective. It is a long, complex discourse. But the key factor in the whole discourse is gender . The issue of Uniform Civil Code (UCC ) is being hugely politicized and communalized by communal forces in the name of religion. But the endeavour here is to see the whole issue objectively through the lens of gender equality.

Comparative Succession Law
Comparative Succession Law

Author: Kenneth G C Reid

Publisher: Oxford University Press

Published: 2020-10-09

Total Pages: 915

ISBN-13: 0192590731

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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 or assets) from the person's estate. Some countries, notably those in the civil law tradition (such as France or Germany), confer a pre-ordained share of the deceased's estate or of its value on certain members of the deceased's family, and especially on the deceased's children and spouse. Other countries, notably those in the common law tradition (such as England, Canada, or Australia), leave the matter to the discretion of the court, the amount awarded depending primarily on financial need. Whichever form it takes, mandatory family provision is both a protection against disinheritance and also, therefore, a restriction on testamentary freedom. The volume focuses on Europe and on countries influenced by the European experience. In addition to detailed treatment of the law in Austria, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Norway, Poland, Scotland, and Spain, the book also has chapters on Australia and New Zealand, South Africa, the United States, Canada, the countries of Latin America, and the People's Republic of China. Some other countries are covered more briefly, and there is a separate chapter on Islamic law. The book opens with accounts of Roman law and of the law in medieval and early-modern Europe, and it concludes with a comparative assessment of the law as it is today in the countries and legal traditions surveyed in this volume.

EU Cross-Border Succession Law
EU Cross-Border Succession Law

Author: Bariatti, Stefania

Publisher: Edward Elgar Publishing

Published: 2022-06-10

Total Pages: 576

ISBN-13: 1785365304

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With cross-border successions becoming increasingly common in the context of the European Union, this timely book offers a systematic practical analysis of how cross-border successions should be treated, including examination of which courts may establish jurisdiction over succession disputes and which law governs such disputes. Studying cross-border successions in the context of estate planning and in the opening and liquidation of a succession, it examines the specificities of the European Certificate of Succession, contextualising it within its interface with the national laws and practice of EU Member States.

Comparative Succession Law
Comparative Succession Law

Author: Kenneth Reid

Publisher: OUP Oxford

Published: 2015-08-27

Total Pages: 561

ISBN-13: 0191064211

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Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.

The Family in Bahia, Brazil, 1870-1945
The Family in Bahia, Brazil, 1870-1945

Author: Dain Edward Borges

Publisher: Stanford University Press

Published: 1992-07

Total Pages: 436

ISBN-13: 0804765499

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This history of the Brazilian family in the nineteenth and twentieth centuries studies the relationship between the informal institution of the family and such formal social institutions as medicine, the law, organized politics, and the church. The author focuses primarily on middle- and upper-class families (for whom adequate documentation is available) and shows the change from a patriarchal model of the family to one that was more conjugal and nuclear, a change necessitated by an insecure and urbanizing economy. Nevertheless, Bahian families maintained many traditional values and traditional kin networks. The author examines the daily life and dynamics of households, including what is known about lower-class families, where consensual arrangements were the norm. He looks at the history of the medical profession, the legal profession, and the Catholic church, and he describes the attempts of each group to mobilize the family for its own political, social and cultural ends. The author argues that family ideology - and families themselves - resisted and transformed the efforts of these institutions to impose their will. The book also deals with the changes and continuities in Bahian attitudes and beliefs about courtship, honor, and the place of women, as well as the ways in which Bahians projected a familial ethic onto social relations outside the home. Within families, conduct was governed by a belief in the traditional rituals of 'life in the family circle': weekly family dinners at the table of an older relative, residence in family compounds around an old mansion (or in several apartments of a single building), nepotism in public bureaucracies, and the management of both small and large businesses by families and their relatives. Although these patterns of family life were transformed over time, this study demonstrates that such traditions did survive, even thrive, well into the twentieth century

Legal Recognition of Non-Conjugal Families
Legal Recognition of Non-Conjugal Families

Author: Nausica Palazzo

Publisher: Bloomsbury Publishing

Published: 2021-02-25

Total Pages: 245

ISBN-13: 1509939970

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This book argues that insufficient recognition of new families is a legal problem that needs fixing in light of recent evolutions in family patterns and normative conceptions of 'family'. People increasingly invest in relationships falling outside the model of the marital family, such as non-conjugal unions of friends or relatives, polyamorous relationships and various religious-based families. Despite this, Western jurisdictions retain the marital family as the relevant basis for allocating family law benefits, rights and obligations. Part I of the book illustrates recent evolutions in family patterns and norms, and explores how law can accommodate multiple family grids without legal recognition involving normalisation. Part II focuses on courtroom litigation on the basis that courts nowadays are central avenues of social change. It takes non-conjugal families as a case study and provides an analysis of the most compelling argumentative strategies that non-conjugal families can mobilise to pursue legal recognition in Canada and the United States, and within the systems of the European Convention of Human Rights and the European Union. Through its comparative, interdisciplinary and critical legal method, the book provides scholars, activists and policymakers with conceptual tools to tackle the current invisibility of new families. Further, by advancing legal arguments to enhance the protection of non-conjugal families in courtrooms, the book illuminates the different approaches jurisdictions are likely to take and the hindrances thereof to overcome and debunk stereotypes associated with proper familyhood.