Hauptbeschreibung In 2011 the Norwegian government appointed a Committee to prepare a proposal for a new inheritance act to replace the inheritance act of 1972. A German-Norwegian seminar on inheritance law took place in Bergen 2012 with a special attention to the ongoing reform of Norwegian inheritance law. The topics of the seminar were the protection of children and the surviving partner - both spouse and cohabitant. The seminar included presentations from scholars from both countries, each presented from a Norwegian and a German perspective. Several lectures also include a.
While continental and comparative lawyers have recently rediscovered succession law as an area of immense practical importance deserving greater academic attention, it is still a neglected field in England. This book aims to reinvigorate the English debate. It brings together contributions by leading academics and practitioners engaging with topical issues as well as questions of fundamental importance in succession law and estate planning. The book will be of interest to both academics and practitioners working in the field, and to non-English comparative lawyers.
Recognition of the potentially deleterious implications of inequality in opportunity originating in a skewed asset distribution has spawned considerable interest in land reforms. However, little attention has been devoted to the fact that, in the longer-term, the measures used to implement land reforms, especially rental restrictions, could negatively affect productivity. Use of state level data on rental restrictions, together with a nationally representative survey from India suggests that, contrary to original intentions, rental restrictions negatively affect productivity and equity by reducing scope for efficiency-enhancing rental transactions that benefit poor producers. Simulations suggest that, by doubling the number of producers with access to land through rental, from about 15 million currently, liberalization of rental markets could have far-reaching impacts.
The articles in Nordic Inheritance Law through the Ages – Spaces of Action and Legal Strategies explore the significance of inheritance law through the use of topical and in-depth studies that bring life to historical and contemporary Nordic inheritance law practices.
While there is a large, though inconclusive, literature on the impact of land titles in Africa, little attention has been devoted to the study of land conflict, despite evidence on increasing incidence of such conflicts. Deininger and Castagnini use data from Uganda to explore who is affected by land conflicts, whether recent legal changes have helped to reduce their incidence, and to assess their impact on productivity. Results indicate that female-headed households and widows are particularly affected and that the passage of the 1998 Land Act has failed to reduce the number of pending land conflicts. The authors also find evidence of a significant and quantitatively large productivity-reducing impact of land conflicts. This suggests that, especially in Africa, attention to land-related conflicts and exploration of ways to prevent and speedily resolve them would be an important area for policy as well as research. This paper--a product of Rural Development, Development Research Group--is part of a larger effort in the group to explore the impact of land policies.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
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.
This book makes a compelling case for placing the social and legal practices of inheritance centre stage to make sense of fundamental questions of our time. Drawing on historical, literary, sociological, and legal analysis, this rich collection of original, interdisciplinary and international contributions demonstrates how inheritance is and has always been about far more than the set of legal processes for the distribution of wealth and property upon death. The contributions range from exploring the intractable tensions underlying family disputes and the legal and political debates about taxation, to revisiting literary plots in the past and presenting a contemporary artistic challenge of heirship. With an introduction that presents a critical mapping of the field of inheritance studies, this collection reveals the complexity of ideas about 'passing on', 'legacies', and 'heirlooms'; troubles some of the enduring consequences of 'charitable bequests', 'family money', and 'estate planning; and, deepens our understanding of the intimate and political practices of inheritance.
